State v. Tomlin

Wisconsin Supreme Court

State v. Tomlin

59 N.W.2d 803, 264 Wis. 575, 1953 Wisc. LEXIS 555

Wisconsin Supreme Court·Decided July 3, 1953·Published

Opinion

Brown, J.

The case is ruled by State v. Stang Tank Line, supra. Remission of all or part of a statutory penalty is beyond the trial court’s discretion where no such power has been given it by the legislature. It is immaterial whether the court “remits” or “suspends” the penalty; the sentence is not authorized by law and is void.

By the Court. — Judgment reversed, and cause remanded with instructions to the trial court to enter judgment in favor of plaintiff and against defendant for the penalty provided by sec. 85.91 (2b) (b), Stats., conformably to this opinion and for further proceedings according to law.

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Brown, J.

The case is ruled by State v. Stang Tank Line, supra. Remission of all or part of a statutory penalty is beyond the trial court’s discretion where no such power has been given it by the legislature. It is immaterial whether the court “remits” or “suspends” the penalty; the sentence is not authorized by law and is void.

By the Court. — Judgment reversed, and cause remanded with instructions to the trial court to enter judgment in favor of plaintiff and against defendant for the penalty provided by sec. 85.91 (2b) (b), Stats., conformably to this opinion and for further proceedings according to law.

State v. Tomlin, 59 N.W.2d 803, 264 Wis. 575, 1953 Wisc. LEXIS 555 (Wis. 1953).

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59 N.W.2d 803 (State v. Tomlin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.