State v. De Lano
Wisconsin Supreme Court
EEPOETED from tbe Circuit Court for Manitowoc County. Defendant was convicted in tbe circuit court of Manito-woc county of having killed a wild duck in said county on tbe 24th day of May-, 1891, in violation of sec. 1, cb. 351, Laws "of 1891, upon tbe complaint of one Hinrichs.
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EEPOETED from tbe Circuit Court for Manitowoc County. Defendant was convicted in tbe circuit court of Manito-woc county of having killed a wild duck in said county on tbe 24th day of May-, 1891, in violation of sec. 1, cb. 351, Laws "of 1891, upon tbe complaint of one Hinrichs. A motion in arrest of judgment was made, on tbe ground that said. cb. 351 was unconstitutional and void; whereupon, upon defendant’s request, tbe circuit judge reported tbe case to this court, and submitted tbe following questions of Jaw for decision: “ First. Is that part of cb. 351, Laws of 1891, which provides for…
1Opinion of the CourtWinslow, J.
The defendant claims that ch. 351, Laws of 1891, is unconstitutional and void, because — First, it contravenes that part of sec. 2, art. X, of the constitution of Wisconsin, which provides that “ the clear proceeds of all fines collected in the several counties for any breach of the penal laws . . . shall be set apart as a separate fund, to be called the ‘ school fund.’ ” Second, it contravenes sec. 6, of art. I, of the constitution, which provides against the infliction of excessive fines and cruel and unusual punishments'.
I. This squarely presents the question as to the power of the…
2Cases cited3 opinions
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- McMahon v. StateNebraska Supreme Court · 1904
- Gunn v. Mahaska CountySupreme Court of Iowa · 1912
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