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STATE EX REL. CHOBOT v. CIRCUIT COURT

No. State 179.

61 Wis.2d 354 (1973)

212 N.W.2d 690

STATE EX REL. CHOBOT, Petitioner, v. CIRCUIT COURT FOR MILWAUKEE COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided December 10, 1973.

Attorney(s) appearing for the Case

For the petitioner there were briefs by James A. Walrath, Gilda B. Shellow, and Shellow & Shellow, all of Milwaukee, and oral argument by Mr. Walrath.

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

HALLOWS, C. J.

Chobot contends: (1) That sec. 944.21 (1) (a), Stats., is unconstitutionally vague under Miller v. California and companion cases1 as written and as heretofore construed by this court; (2) that to meet the standards of definiteness, this court may not reconstrue the section so that it contains the test of obscenity formulated in Miller; and (3) even if this court...

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