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STATE v. WIND

No. State 53.

60 Wis.2d 267 (1973)

208 N.W.2d 357

STATE, Respondent, v. WIND, Appellant.

Supreme Court of Wisconsin.

Decided June 29, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Shellow & Shellow, James M. Shellow and Stephen M. Glynn, attorneys, all of Milwaukee, and Percy L. Julian, Jr., of counsel, of Madison.

For the respondent the cause was submitted on the brief of Robert W. Warren, attorney general, and Michael R. Klos, assistant attorney general.

Submitted under sec. (Rule) 251.54 June 7, 1973.

HALLOWS, C. J.

In his first assignment of error, Wind claims the substance sold was not proved beyond a reasonable doubt to be marijuana within the meaning of sec. 161.275 (1), Stats. 1967.1 This argument is based on two propositions: (1) That the tests performed did not distinguish between Cannabis sativa L. and Cannabis indica, and (2) the tests were not sufficiently...

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