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GAUTREAUX v. STATE

No. State 94.

52 Wis.2d 489 (1971)

190 N.W.2d 542

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

Supreme Court of Wisconsin.

Decided October 8, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Donald E. Mayew and Phillips, Richards & Mayew, all of Kenosha, and oral argument by Donald E. Mayew.

For the defendant in error there was a brief by Robert W. Warren, attorney general, and William F. Eich, assistant attorney general; the cause was argued by Richard J. Boyd, assistant attorney general.

HALLOWS, C. J.

Gautreaux challenges his convictions on the following grounds: (1) The physical evidence admitted at the trial was obtained by an illegal search of an automobile, and (2) the evidence is insufficient to support a finding of guilty.

The basic facts are not in dispute. Early in the morning of October 30, 1968, Mr. and Mrs. Arthur Garcia, owners of Art & Joyce's Tavern in Kenosha, were awakened in their two-story apartment by sounds in their...

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