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STATE v. DUFFY

No. State 60.

54 Wis.2d 61 (1972)

194 N.W.2d 624

STATE, Respondent, v. DUFFY, Appellant.

Supreme Court of Wisconsin.

Decided February 29, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Samson, Friebert, Sutton & Finerty and Robert E. Sutton, all of Milwaukee, and oral argument by Robert E. Sutton.

For the respondent the cause was argued by Richard J. Boyd, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

CONNOR T. HANSEN, J.

The defendant has consistently objected to the imposition of a mandatory jail sentence under sec. 343.44 (2), Stats. It is contended that (1) the provisions of the statute do not preclude the availability of probation to one convicted thereunder, and (2) a construction of the statute that would deny probation is in violation of one's constitutional right to equal protection of the law.

Is probation an available alternative?

...

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