Legal Opinion

State v. Stang Tank Line

Wisconsin Supreme Court

Decided July 3, 1953PublishedCited by 10 opinions

1Opinion of the CourtBrown, J.

In Drewniak v. State ex rel. Jacquest (1942), 239 Wis. 475, 1 N. W. (2d) 899, we held that in Wisconsin trial courts do not have jurisdiction to impose sentences and then stay their execution. We quoted at length from the opinion of the court in Ex parte United States (1916), 242 U. S. 27, 37, 39, 37 Sup. Ct. 72, 61 L. Ed. 129, adopting the principle there announced, that if such right in the trial court was recognized the court would impair the constitutional division of power between the branches of government, for not only would the court be repealing legislative enactments setting…

2Cases cited4 opinions

  1. Ex Parte United StatesSupreme Court of the United States · 1916
  2. Drewniak v. State Ex Rel. JacquestWisconsin Supreme Court · 1941
  3. State v. WitteWisconsin Supreme Court · 1943
  4. McDonald v. StateWisconsin Supreme Court · 1891

3Cited by10 opinions

  1. United States v. Ronald S. JenkinsCourt of Appeals for the Second Circuit · 1973
  2. State v. Dried Milk Products Co-OperativeWisconsin Supreme Court · 1962
  3. State v. SeraphineWisconsin Supreme Court · 1954
  4. State v. SittigWisconsin Supreme Court · 1977
  5. People v. WolfeMichigan Supreme Court · 1953

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