STATE v. CHRISTOPHER

No. State 8.

44 Wis.2d 120 (1969)

170 N.W.2d 803

STATE, Respondent, v. CHRISTOPHER, Appellant.

Supreme Court of Wisconsin.

Decided September 30, 1969.


Attorney(s) appearing for the Case

For the appellant there was a brief by D'Amato & Nettesheim of Waukesha, and oral argument by Richard J. Steinberg of Milwaukee.

For the respondent the cause was argued by Theodore J. Hodan, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.


ROBERT W. HANSEN, J.

A principal contention of defendant on this appeal is that "no man can resist arrest while under arrest."

It follows, defendant's brief argues that ". . . the action of Officer Kubash in swearing out a warrant for the arrest of defendant while then defendant was in custody of the law, under arrest for allegedly being drunk and disorderly was illegal."

DELAY IN ISSUANCE.

The prosecution sees this challenge as, at least in...

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