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COURT v. STATE

No. State 36.

63 Wis.2d 570 (1974)

217 N.W.2d 676

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

Supreme Court of Wisconsin.

filed May 8, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Fleishman, McDaniel, Brown & Weston and Stanley Fleishman, all of Hollywood, California, and Herrling, Hamilton & Swain of Appleton, attorneys, and Sam Rosenwein of North Hollywood, California, of counsel.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Thomas J. Balistreri, assistant attorney general.

PER CURIAM.

Appellate review.

While Miller v. California, supra, and following cases expressly stated

". . . [t]he First Amendment values applicable to the States through the Fourteenth Amendment are adequately protected by the ultimate power of appellate courts to conduct an independent review of constitutional claims when necessary." Id. at page 25.

Miller failed to expressly...

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