State v. Roggensack

*628Hallows, J.

The key to these questions, basically, is the determination of the nature of sec. 71.11 (41) 1 and of sec. 71.11 (42), Stats.,2 hereinafter referred to as “(41)” and “(42).” The defendant argues these two sections both create criminal offenses with different punishments and are, therefore, in conflict; being in conflict, neither section applies to him because their coexistence violates the constitutional requirements of due process by providing different degrees of punishment for the same act under the same circumstances and denies equal protection of the laws by vesting in…