
    State vs. Stone.
    
      Repeal of penal statute.
    
    Since the repeal of section 6, cli. 273 of 1874, judgment will not go against one convicted of a misdemeanor under that section, upon complaint entered prior to the repeal. Rood v. Railway Co., ante, p. 146.
    ON EXCEPTIONS from the Circuit Court for Dane County.
    In May, 1874, a complaint was entered in tbe municipal court of tbe city of Madison, charging the defendant with a misdemeanor in receiving, as agent of tbe Chicago, Milwaukee & St. Paul Railway Company at Madison, compensation for the carriage of a certain person on said company’s road from Madison to Janesville, at a greater rate than that prescribed by tbe statute. Secs. 2 and 6, cli. 273 of 1874. Such proceedings were then bad in the municipal court, that, in July following, defendant was found guilty of the offense charged, and fined $50; and he appealed to the circuit court. The cause coming on for trial in that court in November, 1877, a motion to dismiss the action and discharge the' defendant was denied; he was found guilty; a motion in arrest of judgment was denied; and the cause was brought to this court on defendant’s exceptions.
   Ryan, C. J.

The penalty and the prosecution went with the repeal of the statute. Rood v. Railway Co., ante, p. 146. All the exceptions in the court below were therefore well taken; and the defendant is entitled to arrest of judgment on the verdict.

By the Court. — Exceptions sustained.  