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STATE v. KARPINSKI

No. 76-586-CR.

92 Wis.2d 599 (1979)

285 N.W.2d 729

STATE, Plaintiff-Respondent, v. KARPINSKI, Defendant-Appellant: BASCOME, Defendant.

Supreme Court of Wisconsin.

Decided December 4, 1979.

Attorney(s) appearing for the Case

For the appellant there was a brief by Henry G. Piano, legal counsel, and David C. Lugert, associate legal counsel, both of Milwaukee, and oral argument by Mr. Lugert.

For the respondent the cause was argued by Marguerite M. Moeller, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

Amicus curiae brief was filed by Burt P. Natkins, legal counsel, League of Wisconsin Municipalities, of Madison.

SHIRLEY S. ABRAHAMSON, J.

This appeal challenges the constitutionality of a criminal complaint on the ground that the Waukesha county district attorney exercised discretion to charge the defendant with a statutory violation in a criminal action when the same conduct could have been prosecuted as an ordinance violation in a civil action. We affirm the order of the circuit court upholding the validity of the criminal complaint.

Karpinski, the defendant, was...

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