KRUEGER v. STATE

No. State 113.

53 Wis.2d 345 (1972)

192 N.W.2d 880

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

Supreme Court of Wisconsin.

Decided January 4, 1972.


Attorney(s) appearing for the Case

For the plaintiff in error there was a brief by Niebler & Niebler, attorneys, and George N. Kotsonis of counsel, all of Menomonee Falls, and oral argument by Mr. Kotsonis.

For the defendant in error the cause was argued by Richard J. Boyd, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general.


HEFFERNAN, J.

We are satisfied that the defendant did not have the right to a change of judge upon the filing of the affidavit of prejudice following the remand to the trial court. Section 956.03 (1), Stats. 1967, provides for the circumstances under which there may be a change of judge. The statute provides in part, "In felony cases the motion shall be made within 20 days after his arraignment and before the case is called for trial." It is clear that the motion...

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