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STATE v. KORT

No. State 54.

54 Wis.2d 129 (1972)

194 N.W.2d 682

STATE, Respondent, v. KORT, Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1972.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Jerome A. Maeder of Wausau.

For the respondent the cause was argued by Robert D. Martinson, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.

ROBERT W. HANSEN, J.

Like an old-fashioned milking stool, this criminal conviction rests upon three legs: (1) The statute setting the compensation for town supervisors;1 (2) a 1915 decision of this court holding: "Expenses are not allowed to town supervisors by any statute";2 and (3) the statute making it a criminal offense for a public officer to do an act "which he knows is in excess of his lawful authority...

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