Legal Opinion

Bliven v. State

Wisconsin Supreme Court

Decided April 8, 1924PublishedCited by 3 opinions

Error to review a judgment of the municipal court of Rock county: H. L. MaxfielP, Judge. Plaintiff in error, defendant below, was arrested and brought into the municipal court of Rock county on August 29, 1923, charged with violation of the state prohibition law. Pie waived examination, was committed for trial and to the county jail. On the same day he made a verified petition stating his desire to plead guilty.

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Error to review a judgment of the municipal court of Rock county: H. L. MaxfielP, Judge. Plaintiff in error, defendant below, was arrested and brought into the municipal court of Rock county on August 29, 1923, charged with violation of the state prohibition law. Pie waived examination, was committed for trial and to the county jail. On the same day he made a verified petition stating his desire to plead guilty. The information, also dated August 29th, charged the defendant with having at the city of Janesville, August 28, 1923, possessed privately manufactured distilled liquor, wilfully and…

1Opinion of the CourtEschweiler, J.

Defendant’s sentence of a year and six months in the state prison was for a present and prior violation of the state prohibition law, each instance being the unlawful possession of privately manufactured distilled liquor. The state prohibition law (ch. 165, sec. 165.01, Stats.), so far as material here, and where other specific penalty is not made, provides by sub. (32) thereof that for violation of its provisions a defendant shall, as an increased penalty for a subsequent -offense, be fined not less than $200 nor more than $2,000 and be imprisoned in the county jail not less than one month…

2Cited by3 opinions

  1. Degutes v. StateWisconsin Supreme Court · 1926
  2. Barry v. StateWisconsin Supreme Court · 1926
  3. Barry v. StateWisconsin Supreme Court · 1926

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