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WILL v. STATE

No. 76-366-CR.

84 Wis.2d 397 (1978)

267 N.W.2d 357

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

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Howard B. Eisenberg, state public defender.

For the defendant in error the cause was argued by Edward S. Marion, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

CALLOW, J.

The single issue in this case is the constitutionality of an order requiring an indigent offender to pay his $250 fine plus costs in ninety days or be imprisoned for twenty-five days for nonpayment of the fine.

On October 30, 1975, John F. Will pleaded guilty to operating a motor vehicle while under the influence of an intoxicant, contrary to sec. 346.63 (1) (a), Stats., before the Honorable William H. Carver, County Judge. Mr. Will had two previous...

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