Legal Opinion

Paetz v. State

Wisconsin Supreme Court

Decided June 21, 1906PublishedCited by 17 opinions

Eeror to review a judgment of the circuit court for Dane ■county: E. Ray Steveks, Circuit Judge. On the 26th day of January, 1904, the plaintiff in error was convicted in the circuit court for Dane county of the offense of selling intoxicating liquor’ in violation of sec. 1550, -Stats. 1898, and was sentenced to three months’ imprisonment in the county jail and to pay a fine of $50 and costs.

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Eeror to review a judgment of the circuit court for Dane ■county: E. Ray Steveks, Circuit Judge. On the 26th day of January, 1904, the plaintiff in error was convicted in the circuit court for Dane county of the offense of selling intoxicating liquor’ in violation of sec. 1550, -Stats. 1898, and was sentenced to three months’ imprisonment in the county jail and to pay a fine of $50 and costs. The complaint set out three causes of action and charged the plaintiff in error in each with selling intoxicating liquor at various times between the 20th day of July and the 25th day of August, 1903,…

1Opinion of the CourtEjsRWIN, J.

1. Error is assigned because the court admitted evidence of a former conviction, the same not having been pleaded. . The question arising under this assignment of c-rror is whether upon a complaint charging sale of intoxicating liquor without having first obtained a license, in the absence of an allegation in the complaint of a former conviction,, evidence on the part of the state was admissible to prove such former conviction for the purpose of subjecting the accused to the higher grade of punishment imposed by the statute. The statute under which plaintiff in error was convicted (sec. 1550,…

2Cases cited9 opinions

  1. United States v. DicksonSupreme Court of the United States · 1841
  2. People v. . SicklesNew York Court of Appeals · 1898
  3. Evans v. StateIndiana Supreme Court · 1898
  4. Paulson v. StateWisconsin Supreme Court · 1903
  5. Commonwealth v. HarringtonMassachusetts Supreme Judicial Court · 1880

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

3Cited by17 opinions

  1. State v. MartinWisconsin Supreme Court · 1991
  2. Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
  3. State v. FindlingSupreme Court of Minnesota · 1913
  4. Tucker v. StateCourt of Criminal Appeals of Oklahoma · 1917
  5. Davis v. StateWisconsin Supreme Court · 1908

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

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