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STATE v. I, A WOMAN—PART II

No. 125.

53 Wis.2d 102 (1971)

191 N.W.2d 897

STATE, Appellant, v. I, A WOMAN—PART II, Respondent.

Supreme Court of Wisconsin.

Decided November 30, 1971.

Attorney(s) appearing for the Case

For the appellant the cause was argued by E. Michael McCann, district attorney of Milwaukee county, with whom on the brief was Robert W. Warren, attorney general.

For the respondent there was a brief by Elmer Gertz of Chicago, Illinois, and Paul L. Moskowitz of Milwaukee, attorneys, and Wayne B. Giampietro of Chicago, Illinois, of counsel, and oral argument by Mr. Moskowitz and Mr. Gertz.

HEFFERNAN, J.

The judgment purported to recite that the underlying action was "a proceeding under Chapter [sec.] 269.565 of the Wis. Stats." That section of the statutes is captioned, "Declaratory judgments against obscene matter."1 An examination of the proceedings reveals that the procedure followed in this case was at wide variance from the procedure prescribed by the statute. The record reveals...

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