Garrad v. State

Sec. 353.31, Stats., referred to in the information, supra, reads:

“The term ‘felony,’ when used in any statute, shall be construed to mean an offense for which the offender, on conviction, shall be liable by law to be punished by imprisonment in a state prison.”

This information was challenged below and is here on the alleged ground that sodomy is not such a felony as comes within the statute upon which this prosecution is based, viz. sec. 340.52:

“Any person who shall advise the commission of or attempt to commit any felony as defined in section 353.31, *393that shall fail in being committed, the…