AILPORT v. STATE


9 Wis.2d 409 (1960)

AILPORT (James), Plaintiff in error, v. STATE, Defendant in error. AILPORT (Harry), Plaintiff in error, v. STATE, Defendant in error. GARBE, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

February 2, 1960.


Attorney(s) appearing for the Case

For the plaintiffs in error there was a brief by Douglas, Omernik & Bitney of Spooner, and oral argument by E. E. Omernik.

For the defendant in error the cause was argued by William A. Platz, assistant attorney general, with whom on the brief were John W. Reynolds, attorney general, and Eugene D. Jensen, district attorney of Burnett county.


DIETERICH, J.

The statute under which the charge was brought is sec. 26.14 (7b), which reads as follows:

"Any person who shall wilfully and maliciously set fire on any land shall be deemed guilty of a felony and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment in the state prison for not less than one year nor more than two years."

The plaintiffs in error contend that the trial court abused its discretion...

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