SURMA v. STATE


260 Wis. 510 (1952)

SURMA and another, Plaintiffs in error, vs. THE STATE, Defendant in error.

Supreme Court of Wisconsin.

January 8, 1952.


Attorney(s) appearing for the Case

Allan Cain of Kaukauna, for the plaintiffs in error.

For the defendant in error there was a brief by the Attorney General, William A. Platz, assistant attorney general, and O. B. Strossenreuther, district attorney of Shawano county, and oral argument by Mr. Platz.


CURRIE, J.

It is the contention of the defendants that they are entitled to a new trial because the bailiff placed in charge of the jury during its deliberations was a deputy sheriff who had been one of the arresting officers and one of the officers who had obtained an alleged confession from the defendants, and had also been one of the witnesses who testified in behalf of the state at the trial.

During the time that the case was intrusted to the jury, the...

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