McCLEARY v. STATE

No. State 78.

49 Wis.2d 263 (1971)

182 N.W.2d 512

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

Supreme Court of Wisconsin.

Decided January 5, 1971.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Shellow & Shellow and Robert H. Friebert, all of Milwaukee, and oral argument by Mr. Friebert.

For the defendant in error the cause was argued by Lee Edward Wells, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.


HEFFERNAN, J.

There is no serious contention that McCleary should necessarily have been placed on probation. It is apparent that, under the facts and circumstances of the case, the trial judge could properly impose some period of incarceration. The objection is to the excessiveness of the sentence. Counsel on appeal contends that, by the imposition of this sentence, defendant McCleary has been denied equal protection of the laws, as his sentence is disproportionate...

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