STATE v. DAVIS

No. State 125.

63 Wis.2d 75 (1974)

216 N.W.2d 31

STATE, Respondent, v. DAVIS, Appellant.

Supreme Court of Wisconsin.

Decided April 2, 1974.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Larry W. Rader of Wausau.

For the respondent the cause was argued by Charles R. Larsen, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


HANLEY, J.

The primary issue presented on this appeal is whether the good-faith advice of governmental counsel when said counsel is authorized or required to give said legal opinion is a defense to criminal action resulting from defendant's good-faith reliance thereupon.

The defendant contends that the advice and direction of governmental counsel bars prosecution in the instant action. The basis of said contention is that the defendant, prior to the actions...

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