Legal Opinion · Dissent

Barry v. State

Wisconsin Supreme Court

Decided June 21, 1926Published

1DissentEschweiuer, J.

{dissenting). I cannot concur in the result reached in these several cases because I am of the opinion that ch. 165, Stats. — the Prohibition Act and its enforcement, — contains within itself complete, controlling, and exclusive provisions for the maximum penalties that may be visited upon any one who is convicted of any of the offenses therein described. As a penal act it should be construed strictly. Such is the well established rule, and so recognized here and generally. 2 Lewis’ Sutherland, Stat. Constr. (2d ed.) §§ 337, 520; Wilson v. State, 1 Wis. 184, holding that a construction is not…

2Cases cited6 opinions

  1. Ash Sheep Co. v. United StatesSupreme Court of the United States · 1920
  2. State v. SnyderWisconsin Supreme Court · 1920
  3. Brown v. StateWisconsin Supreme Court · 1909
  4. Roether v. RoetherWisconsin Supreme Court · 1923
  5. Wilson v. StateWisconsin Supreme Court · 1853

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