Morse v. State of Wis.

• Citation: 215 N.W. 216,193 Wis. 495
• Parties: J. W. MORSE, PLAINTIFF IN ERROR, v. STATE OF WISCONSIN, DEFENDANT IN ERROR.
• Decision Date: 13 September 1927
• Court: United States State Supreme Court of Wisconsin

193 Wis. 495

215 N.W. 216

J. W. MORSE, PLAINTIFF IN ERROR,

v.STATE OF WISCONSIN, DEFENDANT IN ERROR.

Supreme Court of Wisconsin.

Sept. 13, 1927.

Error to Circuit Court, Grant County; S. E. Smalley, Judge.

Criminal prosecution against J. W. Morse, who was adjudged guilty of intoxication in a public place. Affirmed.

*216Walker & Christenson, of Lancaster, for plaintiff in error.

John W. Reynolds, Atty. Gen., J. E. Messerschmidt, Asst. Atty. Gen., and R. M. Orchard, Dist. Atty., of Lancaster, for the State.

STEVENS, J.

Chief Justice VINJE did not participate in the consideration and decision of the case in this court. The members of the court participating are equally divided in opinion upon the question involved upon this appeal. Mr. Justice ESCHWEILER, Mr. Justice DOERFLER, and Mr. Justice CROWNHART are of the opinion that the judgment appealed from should be reversed. Mr. Justice ROSENBERRY, Mr. Justice OWEN, and the writer are of the opinion that the judgment should be affirmed. Under the established rule, it follows that the judgment appealed from is affirmed. Fox River Paper Co. v. Railroad Commission, 189 Wis. 626, 628, 208 N. W. 266.

Judgment affirmed.