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STATE v. LEMIEUX

Nos. 81-713, 81-714.

106 Wis.2d 484 (1982)

317 N.W.2d 166

STATE of Wisconsin, Plaintiff-Appellant, v. John LEMIEUX, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. Peter LEMIEUX, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 16, 1982.

Attorney(s) appearing for the Case

For the appellant there were briefs by Bronson C. La Follette, attorney general, and John D. Niemisto, assistant attorney general.

For the respondents there was a joint brief by Michael F. Fauerbach and Santini, Jacobs, McDonald and Silc, P.C., of Ashland, for John Lemieux; and James M. Jannetta, Kathryn L. Tierney and Wisconsin Judicare, Inc., of Wausau, for Peter Lemieux.

Before Foley, P.J., Dean and Cane, JJ.

FOLEY, P.J.

The state contends that the trial court erred when it dismissed citations issued to John and Peter Lemieux for their violation of sec. 29.224 (2), Stats.2 Section 29.224 (2) prohibits the possession or transportation of uncased or loaded firearms in vehicles. The court held that the state did not have jurisdiction to enforce sec. 29.224 against enrolled members of an Indian tribe...

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