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STATE v. COOPER

4 Wis.2d 251 (1958)

STATE, Respondent, vs. COOPER, Appellant.

Supreme Court of Wisconsin.

May 6, 1958.

Attorney(s) appearing for the Case

For the appellant there was a brief by McWilliams & Steil of Janesville, and oral argument by George K. Steil.

For the respondent there was a brief by the Attorney General and William A. Platz, assistant attorney general, and Joseph B. Forrestal, district attorney of Rock county, and Mark J. Farnum, assistant district attorney, and oral argument by Mr. Forrestal, Mr. Farnum, and Mr. Platz.

BROADFOOT, J.

The first assignment of error is that the jury was permitted to separate during the four-day trial. Permitting the jury to separate during trial has been held to be reversible error in cases where the defendant was charged with what was formerly known as a "capital offense." Rowan v. State, 30 Wis. 129; State v. Dolling, 37 Wis. 396; Clifford v. State, 58 Wis. 477, 17 N. W. 304; Hempton v. State, 111 Wis. 127, 86 N. W. 596...

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