STATE v. STANG TANK LINE


264 Wis. 570 (1953)

STATE, Plaintiff in error, vs. STANG TANK LINE, Defendant in error.

Supreme Court of Wisconsin.

July 3, 1953.


Attorney(s) appearing for the Case

For the plaintiff in error there were briefs by the Attorney General, and Stewart G. Honeck, deputy attorney general, and William A. Platz, assistant attorney general, and oral argument by Mr. Honeck and Mr. Platz.

For the defendant in error there was a brief and oral argument by Michael D. O'Hara of Menominee, Michigan.


BROWN, J.

In Drewniak v. State ex rel. Jacquest (1942), 239 Wis. 475, 1 N.W.2d 899, we held that in Wisconsin trial courts do not have jurisdiction to impose sentences and then stay their execution. We quoted at length from the opinion of the court in Ex parte United States (1916), 242 U.S. 27, 37, 39, 37 Sup. Ct. 72, 61 L. Ed. 129, adopting the principle there announced, that if such right in the trial court was recognized...

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