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MADISON v. NICKEL

No. 339.

66 Wis.2d 71 (1974)

223 N.W.2d 865

CITY OF MADISON, Respondent, v. NICKEL, Appellant.

Supreme Court of Wisconsin.

Decided December 20, 1974.

Attorney(s) appearing for the Case

For the appellant there was a brief by Percy L. Julian, Jr., and Percy L. Julian, Jr. Law Offices, all of Madison, attorneys, and Shellow & Shellow of Milwaukee, of counsel, and oral argument by Percy L. Julian, Jr.

For the respondent there was a brief by Edwin Conrad, city attorney, and Larry W. O'Brien, deputy city attorney, and oral argument by Mr. O'Brien.

BEILFUSS, J.

The defendant has raised three issues:

1. Is the Madison ordinance as now written unconstitutional?

2. Was the evidence sufficient to prove scienter or knowledge on the part of the defendant that the magazines were obscene?

3. Can the defendant be convicted of more than one violation of the obscenity ordinance arising from a single transaction?

The Madison obscenity ordinance, sec. 26.04 of the General Ordinances of Madison...

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