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State v. Beaudry

365 N.W.2d 593 (1985)

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State v. Beaudry

Wisconsin Supreme Court

365 N.W.2d 593 (1985)

Facts

Janet Beaudry (defendant) and her husband, Wallace, owned a company that held the license to sell alcoholic beverages at the Village Green Tavern (the Tavern). Janet was the designated agent for the corporate license pursuant to state law. Around 4:00 a.m. one morning a police patrol discovered Mark Witkowski, manager of the Tavern, and two others inside the establishment drinking. Janet was charged with keeping the Tavern open after hours in violation of a Wisconsin law that required such establishments to be closed between the hours of 1:00 a.m. and 8:00 a.m. At trial, Witkowski testified that he had not been authorized by Janet or Wallace to keep the Tavern open after 1:00 a.m. and that it was his idea to serve his two friends alcohol after normal business hours. Janet was convicted and she appealed. The court of appeals affirmed. The Wisconsin Supreme Court granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Abrahamson, J.)

Dissent (Ceci, J.)

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