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State v. Evjue

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eBook details

  • Title: State v. Evjue
  • Author : Court of Appeals of Wisconsin
  • Release Date : January 12, 1949
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

On December 10, 1947, the district attorney for Dane County filed an information charging defendant, William T. Evjue, with violation of sec. 348.412, Stats., in that he published in The Capital Times, a Madison newspaper, the identity of a female who may have been raped or subjected to similar criminal assault, where said publication was not necessary in the institution or prosecution of any civil or criminal court proceeding or in the compilation of records pertaining thereto. * * * Defendant initially filed six pleas in bar, all of which are set forth in detail in the statement of facts upon the first appeal of this case. State v. Evjue, 253 Wis. 146, 33 N.W.2d 305. For the purpose of this appeal it suffices to state that the issue initially tried was the constitutionality of sec. 348.412, Stats., and that the trial court held the section to be unconstitutional and sustained defendants pleas. Upon appeal to this court the validity of the statute was sustained, the order reversed and the cause remanded for further proceedings. Upon remand there was a plea of not guilty, accompanied by a waiver of jury trial and the matter was tried to the court. The facts were not in dispute and came in partly by stipulation and partly by evidence of defendant and others.


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