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WARRIX v. STATE

No. State 40.

50 Wis.2d 368 (1971)

184 N.W.2d 189

WARRIX and another, Plaintiffs in error, v. STATE, Defendant in error.

Supreme Court of Wisconsin.

Decided March 2, 1971.

Attorney(s) appearing for the Case

For the plaintiffs in error there were briefs and oral argument by James H. McDermott, state public defender.

For the defendant in error the cause was argued by James B. Schwalbach, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.

HALLOWS, C. J.

There are several assignments of error which are best discussed seriatim.

Waiver of jury.

There is no question that the waiver, if valid, was voluntarily and knowingly made. The trial court questioned both the defendants and counsel, was careful the defendants understood what they were doing, and had each of them sign a jury waiver which was approved in accordance with sec. 957.01 (1), Stats.1

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