Wibmer v. State

195 N.W. 936, 182 Wis. 303, 1923 Wisc. LEXIS 274
CourtWisconsin Supreme Court
DecidedDecember 11, 1923
StatusPublished
Cited by6 cases

This text of 195 N.W. 936 (Wibmer v. State) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wibmer v. State, 195 N.W. 936, 182 Wis. 303, 1923 Wisc. LEXIS 274 (Wis. 1923).

Opinion

Eschweilee, J.

It is contended that the liquor found on the second floor, having been so found and seized without search warrant, could not properly be received in evidence over defendant’s objection, under the decision of Hoyer v. State, 180. Wis. 407, 193 N. W. 89.

The acceptance of the license is necessarily an acceptance of the accompanying statutory conditions, and as to the premises is an implied waiver of the search-and-seizure provision of the constitution discussed in the above -cited case. The kitchen was clearly a part of the premises for which the license had been obtained, and under the decision in Walsh v. State, 180 Wis. 356, 192 N. W. 1004, the conviction must be sustained.

By the Court. — Judgment affirmed.

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Related

Commonwealth v. Abell
122 S.W.2d 757 (Court of Appeals of Kentucky (pre-1976), 1938)
United States v. Shules
65 F.2d 780 (Second Circuit, 1933)
State v. Hall
51 S.W.2d 851 (Tennessee Supreme Court, 1932)
State v. Becker
229 N.W. 857 (Wisconsin Supreme Court, 1930)
Nelson v. State
203 N.W. 343 (Wisconsin Supreme Court, 1925)
Chapleau v. State
197 N.W. 176 (Wisconsin Supreme Court, 1924)

Cite This Page — Counsel Stack

Bluebook (online)
195 N.W. 936, 182 Wis. 303, 1923 Wisc. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wibmer-v-state-wis-1923.