Legal Opinion

State v. Ingersoll

Wisconsin Supreme Court

Decided January 15, 1864PublishedCited by 24 opinions

APPEAL from tbe Circuit Court for Vernon County. Tbe case is stated by tbe court. contended, among other things, that section 5, cb. 35, R. S., was repealed by implication by cb. 147, Laws of 1862, because tbe two are inconsistent.* Bisbop on Crim.

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APPEAL from tbe Circuit Court for Vernon County. Tbe case is stated by tbe court. contended, among other things, that section 5, cb. 35, R. S., was repealed by implication by cb. 147, Laws of 1862, because tbe two are inconsistent.* Bisbop on Crim. Law, 91 et seq.; Commonwealth v. Kimball, 21 Piet., 376; Comm. v. Marshall, 11 id., 350. The repeal of a statute, or a change of the penalty, puts an end to the power of punishing offenses committed under it, unless there is a saving clause. Bishop on Crim. Law, 103 et seq., and .95 et seq.; Taylor v. State, 7 Blackf., 93 ; Comm. v. Beatty, 1…

1Opinion of the Court

By the Court,

Cole, J.

This is a prosecution, under chap. 35, R. S., for selling spirituous liquors without a license. The defendant admitted in open court that on the 20th day of July, 1861, in the town of Wheatland, in Bad Ax (now Vernon) county, he sold, as a druggist, a pint of alchohol, not having a license to sell spirituous liquors in any quantity. At the April term of the circuit court for that county, 1863, he was found guilty of the offense charged, and was sentenced to pay a fine of ten dollars, and costs of prosecution, and stand committed until such fine and costs were paid. The…

2Cases cited1 opinion

  1. State v. AndrewsTexas Supreme Court · 1857

3Cited by24 opinions

  1. People v. McNultyCalifornia Supreme Court · 1892
  2. Goodno v. City of OshkoshWisconsin Supreme Court · 1872
  3. State v. GumberWisconsin Supreme Court · 1875
  4. Scales v. StateSupreme Court of Arkansas · 1886
  5. Basnett v. City of JacksonvilleSupreme Court of Florida · 1883

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