BUTALA v. STATE

No. State 221 (1974).

71 Wis.2d 569 (1976)

239 N.W.2d 32

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

Supreme Court of Wisconsin.

Decided March 2, 1976.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Henry A. Tessmer of Milwaukee.

For the defendant in error the cause was argued by Michael R. Klos, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

The plaintiff in error, Michael G. Butala, was found guilty by a jury as a party to a crime under sec. 939.05, Stats., of placing prescription drugs in a public place contrary to sec. 450.09. He was sentenced to five years in a penal institution. The defendant was tried together with a codefendant, Frank Picciolo, who was also found guilty and sentenced.


BEILFUSS, J.

Upon this appeal the defendant does not challenge the sufficiency of the evidence but does contend the statute under which he was convicted, sec. 450.09, is unconstitutional because it is vague and overbroad. He also argues it was error not to grant severance of his case at the trial.

Sec. 450:09, Stats., provides:

"Placing drugs forbidden. Except as authorized by law, no person shall put any drug, medicine or chemical, or...

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