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STATE v. MAHANEY

No. State 19.

55 Wis.2d 443 (1972)

198 N.W.2d 373

STATE, Respondent, v. MAHANEY, Appellant.

Supreme Court of Wisconsin.

Decided June 30, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Robert J. Lerner of Milwaukee.

For the respondent there was a brief by Robert W. Warren, attorney general; the cause was argued by Thomas J. Balistreri, assistant attorney general.

BEILFUSS, J.

The defendant has raised three issues on appeal, namely, that the complaint for the arrest warrant does not state probable cause; that evidence is not sufficient to support a finding of guilt; and that the statute is unconstitutional because it is vague and overbroad.

Our opinion will decide only the constitutional issue because, in the view of the majority of the court, it is controlling.

The statute in question is sec. 946.80, Stats...

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