State v. Starks

The appeal raises these two issues:(1) Is sec. 947.02 (2), Stats., unconstitutional on its face; and(2) Did the state fail to prove one of the elements of the crime?

We approach the issue of constitutionality mindful of the fundamental presumptions and rules of construction which run in favor of upholding a statute challenged on constitutional grounds. All legislative acts are presumed constitutional, and every presumption must be indulged to sustain the law if at all possible. If any doubt exists, it must be resolved in favor of the constitutionality of a statute.

When a statute is challenged…