Legal Opinion

Starry v. State

Wisconsin Supreme Court

Decided June 19, 1902PublishedCited by 9 opinions

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…

Read the full summary

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

  1. Dietz v. City of NeenahWisconsin Supreme Court · 1895
  2. In re GrahamWisconsin Supreme Court · 1889
  3. In re RosenbergWisconsin Supreme Court · 1895
  4. Stokes v. KnarrWisconsin Supreme Court · 1860
  5. Benedict v. StateWisconsin Supreme Court · 1860

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State Ex Rel. Keefe v. SchmiegeWisconsin Supreme Court · 1947
  2. State ex rel. Badtke v. School BoardWisconsin Supreme Court · 1957
  3. State Ex Rel. Hippler v. City of BarabooWisconsin Supreme Court · 1970
  4. City of Milwaukee v. HorvathWisconsin Supreme Court · 1966
  5. State v. OakleyWisconsin Supreme Court · 2000

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API