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STATE v. EROTOMIC

Nos. 78-057-CR-78-060-CR.

87 Wis.2d 536 (1979)

275 N.W.2d 160

STATE, Plaintiff-Respondent, v. EROTOMIC, Vols. 3 & 4, 1977 Issues; High Society, Sept., 1977 Issue; Hustler, Sept., Oct., 1977 Issues; Cheri, Sept., 1977 Issue; Chic, Sept., 1977 Issue; Who's Who In X-Rated Films, Sept., 1977 Issue; Mr., Nov., 1977 Issue; Flick, Nov., 1977 Issue; Foto-Rama, April, 1977 Issue; New Pink, April, 1977 Issue; Pix Girls, Aug., 1977 Issue, Vol. 1, #1, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided January 9, 1979.

Attorney(s) appearing for the Case

For appellant Cheri, the cause was submitted on the briefs of O'Neal, Noll, Elliott, Donovan, Lussow & Forbeck, S.C. of Beloit; for the remaining appellants the cause was submitted by Roethe & Buhrow, Edgerton.

For the respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Pamela Magee-Heilprin, assistant attorney general.

Before Moser, P.J., Brown and Bode, JJ.

BROWN, J.

On November 15, 1977, the District Attorney for Walworth County, in the name of the State, commenced an action for declaratory judgment to have the defendant magazines1 declared obscene, pursuant to sec. 806.05, Stats. Upon the filing of the complaints by the State, the trial court made a summary examination of the matter as required by sec. 806.05 (1), Stats. After the summary examination...

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