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BYRD v. STATE

No. State 113.

65 Wis.2d 415 (1974)

222 N.W.2d 696

BYRD, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided October 31, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by Howard B. Eisenberg, state public defender, and Ruth S. Downs, assistant state public defender, and oral argument by Ms. Downs.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

DAY, J.

The first question, whether the defendant has a right to challenge the fornication statute as an unconstitutional invasion of privacy, is disposed of by the holding of this court in Jones v. State (1972), 55 Wis.2d 742, 200 N.W.2d 587. In that case, this court held that one convicted of sodomy under sec. 944.17 (1), Stats., could not raise the constitutional defense of overbreadth...

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