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WHITMORE v. STATE

No. State 56.

56 Wis.2d 706 (1973)

203 N.W.2d 56

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

Supreme Court of Wisconsin.

Decided January 3, 1973.

Attorney(s) appearing for the Case

For the plaintiff in error the cause was submitted on the brief of Thomas R. Fahl and Brendel, Flanagan & Sendik, S.C., all of Wauwatosa.

For the defendant in error the cause was submitted on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

HEFFERNAN, J.

The defendant acknowledges his waiver of jury trial, but he contends that the relative advantages and disadvantages of a jury trial were not explained to him before he executed the waiver and acknowledged it in open court.

The record shows that, before accepting the waiver, the circuit judge questioned the defendant and ascertained that the waiver was voluntary and was not the result of any threats or promises made to him. At the hearing on the...

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