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WAUPOOSE v. STATE

No. State 144.

46 Wis.2d 257 (1970)

174 N.W.2d 503

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

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the plaintiff in error there was a brief and oral argument by Jack J. Schumacher of Shawano.

For the defendant in error the cause was argued by Mary V. Bowman, assistant attorney general, with whom on the brief were Robert W. Warren, attorney general, William A. Platz, assistant attorney general, and Daniel Aschenbrener, district attorney of Shawano-Menominee counties.

HALLOWS, C. J.

The sole question presented in the briefs is whether the county judge was a neutral, detached, and impartial judge within the meaning of the constitutions of the United States and the state of Wisconsin because he attested to the complaint, issued the warrant, and tried and sentenced the defendant on the complaint. Waupoose's contention that the same judge cannot so participate in a criminal proceeding and remain as a matter of law detached, neutral...

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