HAWTHORNE v. STATE

No. State 96.

43 Wis.2d 82 (1969)

168 N.W.2d 86

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

Supreme Court of Wisconsin.

Decided June 3, 1969.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Alan D. Eisenberg and Eisenberg, Kletzke & Eisenberg, all of Milwaukee, and for the respondent on the brief of Robert W. Warren, attorney general, E. Michael McCann, district attorney of Milwaukee county, and Allen L. Samson, deputy district attorney.


HANLEY, J.

On this appeal the defendant does not dispute the violation of sec. 161.275 (1), Stats., but contends that the defense of entrapment bars his conviction. The defendant urges upon the court a different construction of the entrapment defense, a different evidentiary standard, and a different procedural manner of raising the issue of entrapment. More specifically, the defendant raises the following arguments:

(1) Is the Wisconsin "essential element...

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