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STATE v. DRISCOLL

No. State 107.

53 Wis.2d 699 (1972)

193 N.W.2d 851

STATE, Respondent, v. DRISCOLL, Appellant.

Supreme Court of Wisconsin.

Decided February 3, 1972.

Attorney(s) appearing for the Case

For the appellant there was a brief by Shellow & Shellow and James M. Shellow and James A. Walrath, all of Milwaukee, and oral argument by James M. Shellow.

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.

HALLOWS, C. J.

Driscoll claims sec. 944.11 (1) and (2), Stats., is unconstitutional because of vagueness and overbreadth. We disagree. The test of vagueness of a penal statute is whether it gives reasonable notice of the prohibited conduct to those who would avoid its penalties. The test of overbreadth is whether the language of the section is so broad as to discourage conduct expressly protected by the constitution, i.e., conduct the state has no right to...

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