State v. Brown

Two questions are raised: (1) Is sec. 161.02 (3), Stats., unconstitutional, and (2) is there sufficient credible evidence to sustain the conviction ?

The defendant contends sec. 161.02 (3), Stats., makes the excessive or the habitual use of narcotics a crime, while in fact such use is a disease and the criminal sanctions amount to cruel and unusual punishment in violation of the state and federal constitutions. The defendant relies on Robinson v. California (1962), 370 U. S. 660, 82 Sup. Ct. 1417, 8 L. Ed. 758. After the printing of the defendant’s brief, the same question was presented to…