Veley v. State
| Decision Date | 06 December 1927 |
| Citation | 216 N.W. 522,194 Wis. 408 |
| Parties | VELEY v. STATE. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Error to review a judgment and sentence of the County Court of Sheboygan County: Paul T. Krez, County Judge.
Raymond Veley was convicted of issuing worthless checks, and he brings error. Reversed, with directions.--[By Editorial Staff.]
The plaintiff in error, hereinafter called the defendant, was convicted on his plea of guilty, on February 15, 1927, in the county court of Sheboygan county, on the charge of issuing worthless checks, contrary to section 343.401 of the Statutes, and sentenced to one year in the state's prison at Waupun. The sentence was suspended, and the defendant paroled to the state board of control. On the 21st day of June, 1927, he violated his parole, and he was thereupon confined in the state's prison in pursuance of the sentence of the county court.Bassuener & Humke, of Sheboygan, for plaintiff in error.
John W. Reynolds, Atty. Gen., and J. E. Messerschmidt, Asst. Atty. Gen., for the State.
It is the contention of the defendant that the sentence imposed upon him was contrary to the provisions of Statutes, § 343.401, which provides that the offense is a “misdemeanor, and punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or both fine and imprisonment.”
It will be seen that the offense is denominated a misdemeanor and the term of punishment is provided for, but the place of punishment is not designated. Section 353.27, Stats., not cited by counsel for either side, provides:
“Any person who shall be convicted of any offense the punishment of which is not prescribed by any statute of this state shall be punished only by imprisonment in the county jail not more than one year or by fine not exceeding two hundred and fifty dollars.”
If the place of punishment is not designated in the statute, but the crime is designated as a misdemeanor, section 353.27, Stats., is applicable to fix the place of punishment. See Boehm v. State, 190 Wis. 609, 209 N. W. 730, not cited by counsel, in which case the proposition is the converse of the one here before us. The reasoning of that case, however, is applicable here.
The judgment and sentence are reversed, and the cause is remanded to the county court, with directions to resentence defendant according to law.
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...for not more than one year, or by a fine of not more than one thousand dollars, or both fine and imprisonment.” In Veley v. State, 194 Wis. 408, 216 N.W. 522, it was held that the trial court erred in sentencing the defendant to the state prison for one year for violating sec. 343.401, Stat......