Grimes v. State

The defendant contends that the court erred in sentencing him to the Wisconsin state prison. Sec. 343.401, Stats., provides that any person who violates that section “shall be guilty of a misdemeanor, and punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or both fine and imprisonment.” In Veley v. State, 194 Wis. 408, 410, 216 N. W. 522, it was held that the trial court erred in sentencing the defendant to the state prison for one year for violating sec. 343.401, because the place of punishment was not designated in the statute but was…