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State v. Van Stralen

State v. Van Stralen, 45 Wis. 437 (1878)
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Court
Wisconsin Supreme Court · State Highest Courts
Decided
August 15, 1878
Judges
Etah
Citations
45 Wis. 437
Headnotes
Criminal Law. Effect of repealing statute without saving clause. Ch. 340 of 1876 repealed sees. 30 and 31, ch. 165, R. S. 1858, and imposed a greater penalty for the offense therein defined; and no penalty can now be inflicted for official embezzlement within the sections so repealed, though committed before the repealing act toot effect. State v. Campbell, 44 Wis., 529.
Summary
CEETIFIED from the Second County Court of Brown County. The case is stated in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Etah

Text extracted by OCR from a scanned original; check the original for exact wording.

Etah, O. J.

The judgment of this court in State v. Campbell, 44 Wis., 529 , makes it unnecessary to consider the multitudinous exceptions presented by this record.

The information was preferred against the defendant in 1876, for embezzlement committed by him, as county treasurer, previous to that year, under sections 30, 31, ch. 165, E. S. of 1858. The defendant was tried and found guilty. He then alleged exceptions which were allowed by the court below, and the record comes here before judgment under sec. 7, ch. 180, E. S. of 1858.

In State v. Campbell, in which the controlling facts were precisely similar, it was held by this court that ch. 340 of *438 1876 repealed secs. 30 and 31 of ch. 165, R. S. 1858; and that therefore, because ch. 340 of 1876 imposes a greater penalty for the offense than sec. 31 of ch. 165, R. S. 3858, no punishment can be now lawfully inflicted for official embezzlement within the sections of the revised statutes, committed before ch. 340 of 1876 took effect in January, 1878. That case governs this; and so this defendant must escape punishment for want of a saving clause in the statute of 1876.

By the Ooivrt. — The exceptions are, therefore, so far sustained.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1881–1882: 11897–1898: 11909–1910: 118812026peak 1881 · 1

Relies on it most ⓘ

  1. State v. Smith107 P. 980 (Or. 1910)
  2. Graham v. Chicago, Milwaukee & St. Paul Railway Co.10 N.W. 609 (Wis. 1881)
  3. People v. Hiller71 N.W. 630 (Mich. 1897)

Most recent

  1. State v. Smith107 P. 980 (Or. 1910)
  2. People v. Hiller71 N.W. 630 (Mich. 1897)
  3. Graham v. Chicago, Milwaukee & St. Paul Railway Co.10 N.W. 609 (Wis. 1881)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
State v. Campbell, 44 Wis. 529 (1878) 12

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