STATE EX REL. MURPHY v. VOSS


34 Wis.2d 501 (1967)

STATE EX REL. MURPHY, Relator, v. VOSS, Circuit Judge, Respondent.

Supreme Court of Wisconsin.

April 11, 1967.


Attorney(s) appearing for the Case

For the petitioner there was a brief by Bronson C. La Follette, attorney general, and Roger P. Murphy, district attorney of Waukesha county, and oral argument by William A. Platz, assistant attorney general.

For the respondent there was a brief and oral argument by Robert T. McGraw of Waukesha.


HALLOWS, J.

We start with the fundamental proposition that under the Sixth amendment to the United States constitution and sec. 7, art. I of the Wisconsin constitution all persons are entitled in a criminal prosecution to an impartial jury trial and this right extends to misdemeanors. A jury trial by sec. 5, art. I of the Wisconsin constitution may be waived by the parties in all cases in the manner prescribed by law. By...

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