STATE v. SCHALLER

No. State 176 (1974).

70 Wis.2d 107 (1975)

233 N. W. 2d 416

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

Supreme Court of Wisconsin.

Decided September 30, 1975.


Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the briefs of Victor A. Miller, attorney general, Bronson C. La Follette, attorney general, and James H. McDermott, assistant attorney general.

For the defendant in error the cause was submitted on the brief of Howard B. Eisenberg, state public defender.


Submitted under sec. (Rule) 251.54 September 9, 1975.

HANLEY, J.

The sole issue presented for review is whether a probationer confined in a county jail as a condition of probation may be convicted of escape under sec. 946.42, Stats.

The plaintiff in error, the state, asserts that the qualifications embodied by the last sentence of the definition of "custody" in sec. 946.42 (5) (b), Stats., do not negate the applicability of the prior sentences. We...

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