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STATE v. MUELLER

No. State 54.

44 Wis.2d 387 (1969)

171 N.W.2d 414

STATE, Appellant, v. MUELLER, Respondent.

Supreme Court of Wisconsin.

Decided October 28, 1969.

Attorney(s) appearing for the Case

For the appellant the cause was argued by Sverre O. Tinglum, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and James C. Boll, district attorney of Dane county.

For the respondent there was a brief and oral argument by James H. McDermott, state public defender.

A brief amicus curiae was filed by Joseph M. Syman, family court commissioner in and for Milwaukee county, Ernest T. C. Hanson, family court commissioner in and for Eau Claire county, and Fred W. Fisler, family court commissioner in and for Brown county, for the Wisconsin Family Court Commissioners Association.

BEILFUSS, J.

Can the state of Wisconsin constitutionally subject its residents to criminal sanctions for failure to comply with a statutory requirement that they obtain court permission to remarry before contracting a marriage outside Wisconsin when they are obligated by a Wisconsin court order to pay support for minor issue of a prior marriage? In our opinion the question must be answered affirmatively.

The statutes here being challenged are sec. 245.10,...

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