Starry v. State
Wisconsin Supreme Court
EbeoR to review a judgment of the circuit court for Iowa county: Geo. CleMENTSON, Circuit Judge. Plaintiff was convicted before a justice of the peace of Iowa county of having violated see. 1550, Stats. 1898, by selling intoxicating liquor without a license, and sentence upon such conviction was pronounced as follows: “It is therefore adjudged and determined that the said Fra/nk F. Starry do pay a fine of one hundred dollars and the costs of the prosecution taxed at…
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EbeoR to review a judgment of the circuit court for Iowa county: Geo. CleMENTSON, Circuit Judge. Plaintiff was convicted before a justice of the peace of Iowa county of having violated see. 1550, Stats. 1898, by selling intoxicating liquor without a license, and sentence upon such conviction was pronounced as follows: “It is therefore adjudged and determined that the said Fra/nk F. Starry do pay a fine of one hundred dollars and the costs of the prosecution taxed at ninety-three dollars and forty-two cents ($93.42), or be committed to the common jail of this county till the said costs' and…
1Opinion of the CourtMabshalx, J.
It is claimed that the sentence is void for uncertainty,- that it is in the alternative so that plaintiff in error could not know whether his punishment was payment of a fine of $100 and the costs of the prosecution, or confinement in the county jail for an indefinite term. Reliance is placed upon State v. Haas, 52 Wis. 407, 9 N. W. 9. There the sentence was that the prisoner should pay a fine of a specified amount or be confined in the county jail for fifty days. The decision rested on the fact that there was an independent provision of law authorizing punishment by a fine and costs, and…
2Cases cited8 opinions
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- In re GrahamWisconsin Supreme Court · 1889
- In re RosenbergWisconsin Supreme Court · 1895
- Stokes v. KnarrWisconsin Supreme Court · 1860
- Benedict v. StateWisconsin Supreme Court · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Keefe v. SchmiegeWisconsin Supreme Court · 1947
- State ex rel. Badtke v. School BoardWisconsin Supreme Court · 1957
- State Ex Rel. Hippler v. City of BarabooWisconsin Supreme Court · 1970
- City of Milwaukee v. HorvathWisconsin Supreme Court · 1966
- State v. OakleyWisconsin Supreme Court · 2000
4 more not listed; retrieve them via the Exa API.