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STATE v. PECK

Nos. 87-0283-CR, 87-0816-CR.

143 Wis.2d 624 (1988)

422 N.W.2d 160

STATE of Wisconsin, Plaintiff-Respondent, v. Gregory PECK, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 25, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Mark D. Lawton and Douglas W. Kammer, S.C., of Portage.

For the plaintiff-respondent the cause was submitted on the brief of Donald J. Hanaway, attorney general, and Thomas J. Balistreri, assistant attorney general.

Brief of amicus curiae was filed by Einar H. Tangen of Wauwatosa on behalf of ACLU of Wis. Foundation, Inc.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Gregory Peck appeals from a judgment convicting him of manufacturing controlled substances in violation of sec. 161.41(1)(b), Stats., and from orders denying his motions to suppress evidence, to dismiss the charge, and for a new trial.

The issues are: (1) whether statutes prohibiting the manufacture of controlled substances may be constitutionally applied to a person who uses marijuana for religious purposes; (2) whether law enforcement authorities...

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