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DASCENZO v. STATE

26 Wis.2d 225 (1965)

DASCENZO, Plaintiff in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

January 5, 1965.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by I. Engle of Waukesha.

For the defendant in error the cause was argued by Betty R. Brown, assistant attorney general, with whom on the brief were George Thompson, attorney general, William A. Platz, assistant attorney general, and Roger P. Murphy, district attorney of Waukesha county.

BEILFUSS, J.

I. Did the Trial Court err in Allowing the Case to be Tried by a six-member Jury, Without the Express Consent of the Defendant?

Sec. 957.01 (2), Stats., provides:

"At any time before verdict the parties may stipulate in writing or by statement in open court, entered in the minutes, with the approval of the court, that the jury shall consist of any number less than 12."

The following colloquy took place between counsel...

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