Brown v. State, 75-123-CR

Decision Date30 June 1976
Docket NumberNo. 75-123-CR,75-123-CR
Citation73 Wis.2d 351,243 N.W.2d 519
PartiesCleophus BROWN, Plaintiff-in-Error, v. STATE of Wisconsin, Defendant-in-Error.
CourtWisconsin Supreme Court

Errors to review a judgment and order of the circuit court for Milwaukee County; John G. Bartholomew, Circuit Judge of the Eighth Circuit.

Howard B. Eisenberg, State Public Defender, and Robert J. Paul, Asst. State Public Defender (argued), for plaintiff-in-error.

William L. Gansner, Asst. Atty. Gen. (argued), with whom on the brief was Bronson C. La Follette, Atty. Gen., for defendant-in-error.

PER CURIAM.

The court is equally divided on the question of whether the judgment and order should be affirmed or reversed. Mr. Chief Justice Bruce F. Beilfuss, Mr. Justice Nathan S. Heffernan, and Mr. Justice Roland B. Day being of the opinion that the judgment and order should be reversed, and Mr. Justice Leo B. Hanley, Mr. Justice Connor T. Hansen, and Mr. Justice Robert W. Hansen being of the opinion that the judgment and order should be affirmed, the judgment and order appealed from are affirmed under the rule.

Judgment and order affirmed.

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3 cases
  • Smith v. Kleynerman
    • United States
    • Wisconsin Supreme Court
    • March 21, 2017
    ...354, 208 N.W.2d 321 (1973) (on appeal).53. State v. Kline , 73 Wis.2d 337, 243 N.W.2d 519 (1976) (on appeal).54. Brown v. State , 73 Wis.2d 351, 243 N.W.2d 519 (1976) (on appeal).55. Punches v. S chmid t , 73 Wis.2d 206, 243 N.W.2d 518 (1976) (on appeal).56. State v. Bal e strieri , 96 Wis.......
  • Brown v. Israel, 77-C-506.
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • May 17, 1978
    ...On appeal to the Wisconsin supreme court, the judgment of conviction was affirmed by an equally divided court. Brown v. State, 73 Wis.2d 351, 243 N.W.2d 519 (1976). The petitioner claims that he was convicted and is confined in violation of the due process clause of the Fourteenth Amendment......
  • State v. Kline, 75-142-CR
    • United States
    • Wisconsin Supreme Court
    • June 30, 1976

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