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STATE v. MERTES

No. State 111.

60 Wis.2d 414 (1973)

210 N.W.2d 741

STATE, Respondent, v. MERTES, Appellant.

Supreme Court of Wisconsin.

Decided October 2, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by McLario, Bernoski & Koener, attorneys, and Ronald S. Koener of counsel, all of Menomonee Falls, and oral argument by Ronald S. Koener.

For the respondent the cause was argued by James P. Altman, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, and James H. McDermott, assistant attorney general.

WILKIE, J.

The sole issue presented here, as in the trial court, is the constitutionality of the prostitution statute under which defendant was convicted. Three specific issues are presented in this challenge. They are:

1. Is the defendant limited to challenging only the section under which she was charged or can the entire statute be attacked?

2. What is the standard of review?

3. Applying this standard, is the statute in question constitutional...

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