STATE v. HUTNIK

No. State 104.

39 Wis.2d 754 (1968)

159 N.W.2d 733

STATE, Appellant, v. HUTNIK, Respondent.

Supreme Court of Wisconsin.

Decided June 28, 1968.


Attorney(s) appearing for the Case

For the appellant the cause was argued by William A. Platz, assistant attorney general, with whom on the briefs were Bronson C. La Follette, attorney general, and Robert E. Sutton, assistant attorney general.

For the respondent there was a brief and oral argument by Arthur J. Cirilli of Superior, attorney, and William L. McCusker of Madison of counsel.


HEFFERNAN, J.

The first ground upon which the court dismissed the complaint, that the statute was unconstitutionally vague, has already been resolved by this court. We held in State v. Alfonsi (1967), 33 Wis.2d 469, 147 N.W.2d 550, that the statute was sufficiently clear and definite to withstand this constitutional attack.

The second basis for the judge's dismissal, that there was a failure of proof, is, however...

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