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STATE v. KILLEBREW

No. 81-1345-CR.

109 Wis.2d 611 (1982)

327 N.W.2d 155

STATE of Wisconsin, Plaintiff-Appellant, v. Marcel KILLEBREW, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 9, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Jeffrey M. Gabrysiak, assistant attorney general.

For the defendant-respondent the cause was submitted on the brief of John E. Tradewell, assistant state public defender.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

BABLITCH, J.

The state appeals from an order dismissing a criminal complaint which charged the defendant with escape from the Wisconsin Correctional Camp System at Oregon contrary to sec. 946.42(3)(a), Stats.1 The issue is whether conduct which violates both a state statute and a prison regulation may, consistent with the double jeopardy clauses of the United States and Wisconsin Constitutions, be the subject of both criminal prosecution...

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