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STATE v. BRUESEWITZ

No. State 74.

57 Wis.2d 475 (1973)

204 N.W.2d 514

STATE, Respondent, v. BRUESEWITZ, Appellant.

Supreme Court of Wisconsin.

Decided February 27, 1973.

Attorney(s) appearing for the Case

For the appellant there was a brief by Thomas P. Guszkowski, attorney, and Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., of counsel, all of Milwaukee, and oral argument by Mr. Guszkowski.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

HEFFERNAN, J.

Heroin conviction.

In attacking the 1970 heroin conviction, the defendant asserts that a person who has reached the degree of heroin addiction and the resultant loss of self-control that the appellant had at the time of his use of heroin cannot be constitutionally adjudged guilty and imprisoned for the use of narcotics. The record shows that the defendant was first charged and found guilty of the use of narcotics in September...

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