State v. Britzke

The defendant was convicted of interfering with the legal custody of two of her children, contrary to sec. 946.71(2), Stats. She appealed her conviction to the court of appeals, which affirmed the conviction. State v. Britzke, 108 Wis. 2d 675, 324 N.W.2d 289 (1982). The defendant now seeks review of the decision of the court of appeals. At issue is the meaning of the term “legal custody” as used in sec. 946.71(2). The court of appeals held that “legal custody” had the same meaning as the definition set forth in sec. 48.02(10), Stats. 1955. The court of appeals reached this conclusion because…