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PRUITT v. STATE

16 Wis.2d 169 (1962)

PRUITT, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

March 9, 1962.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Wilkie, Anderson, Bylsma & Eisenberg of Madison, and oral argument by Donald S. Eisenberg.

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, William D. Byrne, district attorney of Dane county, and William F. Lorenz, Jr., deputy district attorney.

HALLOWS, J.

The question is: Can a person convicted of a misdemeanor under sec. 943.24, Stats., be sentenced to the state prison? The plaintiff in error argues he cannot be so sentenced because only felonies are punishable by imprisonment in the state prison and the statutory definition of a misdemeanor, as well as the case law of this state, requires imprisonment for a misdemeanor to be served in the county jail. Sec. 943.24 (1),1 creating...

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