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STATE v. BROWN

25 Wis.2d 413 (1964)

STATE, Respondent, v. BROWN, Appellant.

Supreme Court of Wisconsin.

October 27, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Walter J. Steininger of Milwaukee.

For the respondent the cause was argued by William A. Platz, assistant attorney general, with whom on the brief were George Thompson, attorney general, and William J. McCauley, district attorney of Milwaukee county.

HALLOWS, J.

Two questions are raised: (1) Is sec. 161.02 (3), Stats., unconstitutional, and (2) is there sufficient credible evidence to sustain the conviction?

The defendant contends sec. 161.02 (3), Stats., makes the excessive or the habitual use of narcotics a crime, while in fact such use is a disease and the criminal sanctions amount to cruel and unusual punishment in violation of the state and federal constitutions. The defendant relies on Robinson...

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