State v. Herwig

The appeal is within the provisions of sec. 958.12 (1) (d), Stats., allowing the state to appeal questions of law arising upon the trial of a criminal case with the permission of the trial court and providing a judgment acquitting the defendant of the charge is deemed adverse to the state. This is a test case on a stipulation of facts, and the judgment of conviction or acquittal depended solely upon the constitutionality of the rule. *

Rule, sec. 11.06 (6) (a) 1 of the conservation commission which was promulgated pursuant to sec. 29.174, Stats., 2 became effective September 1, 1958, and…