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STATE v. RUSSELL

5 Wis.2d 196 (1958)

STATE, Respondent, v. RUSSELL, Appellant.

Supreme Court of Wisconsin.

October 7, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by Warne, Duffy, Dewane, Miller & Gerlikowski of Green Bay, and oral argument by Edwin A. Gerlikowski and William J. Duffy.

For the respondent there was a brief by the Attorney General and William A. Platz, assistant attorney general, and J. Robert Petitjean, district attorney of Brown county, and oral argument by Mr. Petitjean.

HALLOWS, J.

The appellant's main contention is that the court erred in instructing the jury in the absence of counsel. The jury retired to deliberate about 11:05 a. m. In his affidavit counsel states that he informed the court that when the jury came in he would be in his office and requested the court have someone call his office as he desired to be present. The court reporter after lunch called defendant's counsel to inquire if he desired to be called when the jury...

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