STATE v. MCCOY

No. 86-1992-CR.

139 Wis.2d 291 (1987)

407 N.W.2d 319

STATE of Wisconsin, Plaintiff-Respondent, v. John Wayne McCOY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 21, 1987.


Attorney(s) appearing for the Case

For defendant-appellant, John Wayne McCoy, there were briefs submitted by Kathryn S. Grosdidier of Doar, Drill & Skow, S.C., of New Richmond.

For plaintiff-respondent, State of Wisconsin, there was a brief submitted by Donald J. Hanaway, attorney general, and Sharon Ruhly, assistant attorney general.

Before Cane, P.J., LaRocque and Myse, JJ.


MYSE, J.

John Wayne McCoy appeals a judgment convicting him of intentionally concealing two of his minor children from the other parent, contrary to sec. 946.715(1)(a), Stats., and an order denying his motion for postconviction relief. McCoy argues that sec. 946.715(2)(a), Stats., is unconstitutionally vague because it fails to specify what constitutes "imminent physical harm." McCoy also contends that the trial court erroneously instructed the jury on his defense...

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