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HURST v. STATE

No. State 216 (1974).

72 Wis.2d 188 (1976)

240 N.W.2d 392

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

Supreme Court of Wisconsin.

Decided April 7, 1976.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Anthony K. Karpowitz, Legal Aid Society of Milwaukee.

For the defendant in error the cause was submitted on the brief of Bronson C. La Follette, attorney general and David J. Becker, assistant attorney general.

HANLEY, J.

Two issues are presented on this appeal:

1. Is phencyclidine a dangerous drug within sec. 161.30 (1) (a) 1, Stats. 1969, and did the complaint establish it as such?

2. Did the trial court abuse its discretion in sentencing defendant to three years' imprisonment?

Hurst was charged under sec. 161.30 (2), Stats. 1969, with the delivery of a dangerous drug without a prescription. Sec. 161.30...

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