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COUNTY OF KENOSHA v. C & S MANAGEMENT, INC.

No. 97-0642.

223 Wis.2d 373 (1999)

588 N.W.2d 236

COUNTY OF KENOSHA, Plaintiff-Respondent, v. C & S MANAGEMENT, INC., d/b/a Crossroads, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 22, 1999.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs (in the court of appeals) by Stephen M. Glynn, Robert R. Henak and Shellow, Shellow & Glynn, S.C., Milwaukee and oral argument by Robert R. Henak.

For the plaintiff-respondent there was a brief (in the court of appeals) by Angelina Gabriele, assistant district attorney and oral argument by Susan L. Karaskiewicz, assistant district attorney.

¶ 1. DONALD W. STEINMETZ, J.

This case raises a number of issues for review:

(1) Does Wis. Stat. § 944.21, prohibiting the sale of obscene material, violate the federal and Wisconsin Constitutions in being too vague and overbroad? We hold that it does not.

(2) If the Wisconsin standard of obscenity is that stated in Miller v. California, 413 U.S. 15 (1973), were jury instructions which expanded the ...

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