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BROWNE v. STATE

24 Wis.2d 491 (1964)

BROWNE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

June 30, 1964.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Gerald Powers, attorney, and Sherwood Slate of counsel, both of Milwaukee, and oral argument by Mr. Powers.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were George Thompson, attorney general, William A. Platz, assistant attorney general, William J. McCauley, district attorney of Milwaukee county, and Richard Surges, assistant district attorney.

WILKIE, J.

Four issues are raised on this review:

1. Is sec. 161.02 (3), Stats., unconstitutional in that it imposes cruel and unusual punishment in making it a crime for a person to take or use narcotics not in pursuance to a prescription for permitted use?

2. Were the items of physical evidence improperly admitted against Browne because they were obtained as a result of an illegal search and seizure, the...

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