101 Wis. 333 | Wis. | 1898
The plaintiff in error was convicted of the offense described in the statute which declares that “ any person who shall wilfully sever from the land of another any timber or trees standing or growing thereon, and shall take and convert the same or any part thereof to his own use, shall be deemed guilty of larceny, in the same manner and of the same degree as if the property so taken and converted had been severed at some previous and different time, and shall be punished in the manner provided in section 4415 of chapter 182 of the revised statutes of 1878, for larcenies of property of the same value.” Ch. 170, Laws of 1881, as amended by ch. 397, Laws of 1889, being sec. 4415a, S. & B. Ann. Stats. The information charged that the plaintiff in error did on March 5, 1897, unlawfully and wilfully sever from the soil or land owned by the Sterling Lumber Company, therein described, four standing birch trees, seven standing elm trees, and fifty-seven standing basswood trees, then and there standing thereon, and all of the value .of $50, the property of the said Sterling Lumber Company, a corporation organized under the laws of the state of Wisconsin,, and take and convert the same to his own use, against the peace and dignity of the state of Wisconsin.
By the Oourt.— The judgment of the circuit court is affirmed.