ERVIN v. STATE

Nos. State 90, 91.

41 Wis.2d 194 (1968)

163 N.W.2d 207

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

Supreme Court of Wisconsin.

Decided December 20, 1968.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Nathaniel D. Rothstein of Milwaukee.

For the defendant in error the cause was argued by Harold B. Jackson, Jr., assistant district attorney of Milwaukee county, with whom on the brief were Bronson C. La Follette, attorney general, and David J. Cannon, district attorney.


ROBERT W. HANSEN, J.

It is the position of the defendant that his arrest and subsequent search were both illegal because the curfew proclamation of the mayor of Milwaukee and the statute authorizing it are alike unconstitutional. This is an across-the-board challenge to the constitutionality of the mayor's proclamation and to the enabling statute in any situation and under any circumstances.

Scope of Review.

There is no claim made here that...

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