State v. I, a WOMAN-PART II

The judgment purported to recite that the underlying action was “a proceeding under Chapter [sec.] 269.565 of the Wis. Stats.” That section of the statutes is captioned, “Declaratory judgments *106against obscene matter.” 1 An examination of the proceedings reveals that the procedure followed in this case was at wide variance from the procedure prescribed by the statute. The record reveals that the ad hoc procedure utilized in this case was designedly adopted as a result of the recognition by the prosecutor and the trial judge that the legislatively prescribed procedures were insufficient to…