WINBURN v. STATE


32 Wis.2d 152 (1966)

WINBURN, by Guardian ad litem, Appellant, v. STATE, Respondent.

Supreme Court of Wisconsin.

October 4, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief by Francis R. Croak, attorney, guardian ad litem, and Grootemaat, Cook & Franke and David J. Hase of counsel, all of Milwaukee, and oral argument by Mr. Croak and Mr. Hase.

For the respondent the cause was argued by Hugh R. Braun, assistant corporation counsel of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, William A. Platz, assistant attorney general, and Robert P. Russell, corporation counsel.


HEFFERNAN, J.

The fundamental question presented in this appeal is whether insanity constitutes a defense to an allegation of juvenile delinquency. We face the additional question in this case, of whether the mental inquiry initiated by the juvenile judge was a sufficient determination of insanity.

The state argues that a juvenile-delinquency procedure is not a criminal prosecution but is merely the state's exercise of its duties parens patriae over...

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