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COURT v. STATE

No. State 36.

51 Wis.2d 683 (1971)

188 N.W.2d 475

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

Supreme Court of Wisconsin.

Decided June 29, 1971.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Gordon Myse of Appleton.

For the defendant in error the cause was argued by William F. Eich, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HEFFERNAN, J.

The defendant's initial objection was raised prior to the completion of the preliminary examination and is raised again on this appeal: That the complaint did not charge a crime because the complaint did not allege that the publications considered as a whole were obscene and that the complaint did not allege the element of scienter. The pertinent part of the amended complaint charged that the defendant:

". . . did feloniously and intentionally...

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