STATE v. RYBACK

No. State 54.

64 Wis.2d 574 (1974)

219 N.W.2d 263

STATE, Respondent, v. RYBACK, Appellant.

Supreme Court of Wisconsin.

Decided June 28, 1974.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the briefs of James C. Wood of Milwaukee, and for the respondent on the brief of Robert W. Warren, attorney general, and Steven B. Wickland, assistant attorney general.


Submitted under sec. (Rule) 251.54 June 5, 1974.

ROBERT W. HANSEN, J.

While issues are raised as to sufficiency of the complaint and as to whether defendant's surrender of the marijuana to the arresting officer was voluntary, the threshold question is that of appealability of a disposition, under sec. 161.47 (1), Stats., that, with the consent of a defendant, results in no judgment of conviction.

The statute involved, enacted in 1971, provides:

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