State v. Fackler
Wisconsin Supreme Court
Eepoetkd from the circuit court for Marathon county: Chas. Y. BaRDebN, Circuit Judge. This was a prosecution for larceny of floating logs, under E. S. sec. 4449. The information charged that the defendant did “ unlawfully, wilfully, and feloniously take, carry awa3r, and convert to his own use ” certain logs. By the verdict the defendant was found guilty of having “ wilfully taken and converted to his own use ” ten of the logs mentioned in the information.
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Eepoetkd from the circuit court for Marathon county: Chas. Y. BaRDebN, Circuit Judge. This was a prosecution for larceny of floating logs, under E. S. sec. 4449. The information charged that the defendant did “ unlawfully, wilfully, and feloniously take, carry awa3r, and convert to his own use ” certain logs. By the verdict the defendant was found guilty of having “ wilfully taken and converted to his own use ” ten of the logs mentioned in the information. Before sentence, and at the request of the defendant, the circuit judge reported the case to this court for decision upon the following…
1Opinion of the CourtWiNslow, J.
Sec. 4449, R. S., makes the wilful conversion of floating or stranded logs larceny, and provides a minimum punishment for the first offense. Is it void because it does not fix a maximum penalty or limit to the punishment ? We think not. Conceding that the act on its face purports to authorize an unlimited fine and a life imprisonment, and that such punishment would be in violation of sec. 6 of art. I of the constitution, prohibiting excessive fines and cruel and unusual punishments, still it must be held that the balance of the statute, which creates the offense and fixes the minimum…
2Cases cited1 opinion
- State v. WilliamsSupreme Court of Missouri · 1883
3Cited by9 opinions
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- State v. TaylorTennessee Supreme Court · 2002
- Ex Parte CainSupreme Court of Oklahoma · 1908
- Nowakowski v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Boehmer v. KalkWisconsin Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.