STATE v. CLEVELAND

Nos. State 18, 19.

50 Wis.2d 666 (1971)

184 N.W.2d 899

STATE, Respondent, v. CLEVELAND, Appellant.

Supreme Court of Wisconsin.

Decided March 30, 1971.


Attorney(s) appearing for the Case

For the appellant there was a brief by Brady, Pachefsky & Sullivan, attorneys, and Jerome F. Pogodzinski of counsel, all of Milwaukee, and oral argument by Robert J. Brady.

For the respondent the cause was argued by Joseph E. Tesch, assistant district attorney of Milwaukee county, with whom on the brief were Robert W. Warren, attorney general, and E. Michael McCann, district attorney.


WILKIE, J.

A single issue is determinative of this appeal. It is whether the appellant waived his constitutional right to a jury. He did not. He is entitled to a new trial on this ground alone. We can reach the merits of this issue on this appeal despite the fact that appellant failed to make any motions after verdict in the trial court attacking this or any other alleged error in that court's proceedings.1

In Finger v. State...

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