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STATE EX REL. GAYNON v. KRUEGER

31 Wis.2d 609 (1966)

STATE EX REL. GAYNON, Appellant, v. KRUEGER, County Judge, Respondent.

Supreme Court of Wisconsin.

July 1, 1966.

Attorney(s) appearing for the Case

For the appellant there were briefs by Paul P. Lipton and Aaron D. Levine, attorneys, and Ray T. McCann of counsel, all of Milwaukee, and oral argument by Mr. Lipton.

For the respondent the cause was argued by Robert E. Sutton, assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, William A. Platz, assistant attorney general, and Hugh R. O'Connell, district attorney.

HALLOWS, J.

This appeal raises the question of whether the failure or refusal to make an income-tax return or the making of a false or fraudulent return under sec. 71.11 (42), Stats., is a felony or a misdemeanor.

As a preliminary question, the respondent argues the appeal should be dismissed because a writ of prohibition is the wrong remedy. We think not. Traditionally, this writ was used to keep an inferior court...

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