State v. Britzke

Following a jury trial, appellant was convicted of interfering with the legal custody of a child, contrary to sec. 946.71(2), Stats. She appeals from the judgment of conviction and from the order refusing to vacate the judgment. The issues are whether the state established that another person had “legal custody” of appellant’s children when she took them out of Wisconsin, and that she knew that “legal custody” had been transferred. We affirm.

It is undisputed that in February 1980 appellant’s mother, Rosie Grasley, commenced an action in Circuit Court for Sauk County to obtain custody of…