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OMERNIK v. STATE

Nos. State 4, 5.

64 Wis.2d 6 (1974)

218 N.W.2d 734

OMERNIK, Plaintiff in error, v. STATE, Defendant in error. [Two appeals.]

Supreme Court of Wisconsin.

Decided June 4, 1974.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Danny G. Graff and Graff & Schrank, all of Madison, and oral argument by Danny G. Graff.

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

ROBERT W. HANSEN, J.

With the evidence circumstantial but sufficient to support conviction, the issues on this appeal become (1) the reach, and (2) the validity of the statute which the defendant was found to have violated.

The statute. The statute involved, requiring a permit from the state department of natural resources for certain diversions of water from lakes and streams, provides as follows:

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