STATE v. CLARKE


36 Wis.2d 263 (1967)

STATE, Respondent, v. CLARKE, Appellant.

Supreme Court of Wisconsin.

October 3, 1967.


Attorney(s) appearing for the Case

For the appellant there was a brief by Teper & Weiss of Milwaukee, and oral argument by Daniel J. Weiss.

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


HANLEY, J.

This appeal presents four questions:

(1) When a defendant has been found guilty of committing both rape and armed robbery, may he be committed to the department of public welfare as a sex deviate for specialized treatment under sec. 959.15, Stats., and at the same time be sentenced to an indeterminate term of not more than twenty years on the armed robbery charge, said sentence to be served concurrently with the sex deviate commitment;

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