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STATE EX REL. SAUK COUNTY D. A. v. GOLLMAR

32 Wis.2d 406 (1966)

STATE EX REL. SAUK COUNTY DISTRICT ATTORNEY, Relator, v. GOLLMAR, Circuit Judge, Respondent.

Supreme Court of Wisconsin.

November 1, 1966.

Attorney(s) appearing for the Case

For the relator the cause was argued by John M. Langer of Baraboo, special counsel, with whom on the brief were Bronson C. La Follette, attorney general, and William A. Platz, assistant attorney general.

For the respondent there was a brief by Vaughn S. Conway and Kenneth H. Conway, both of Baraboo, and oral argument by Vaughn S. Conway.

CURRIE, C. J.

The sole issue before this court is whether a defendant charged with a misdemeanor can secure a six-man jury trial without the state acting through the district attorney consenting thereto. The controlling statute is sec. 957.01 (1), Stats., which provides:

"Except as otherwise provided in this chapter, criminal cases in courts of record shall be tried by a jury of 12, drawn as prescribed in...

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