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RYAN v. STATE

No. 75-868-CR.

79 Wis.2d 83 (1977)

255 N.W.2d 910

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

Supreme Court of Wisconsin.

Decided July 1, 1977.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Gerald P. Boyle of Milwaukee.

For the defendant in error the cause was argued by David J. Becker, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

BEILFUSS, C. J.

The defendant Ryan contends sec. 946.12 (5), Stats., is unconstitutionally vague and unconstitutional as applied to the facts of this case. He also contends it was error to admit his testimony taken at the John Doe proceeding in evidence at his trial.

The statute in question is titled "Misconduct in public office." The subsection with which he was charged is as follows:

"Any public officer...

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