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STATE v. BELL

No. State 84.

62 Wis.2d 534 (1974)

215 N.W.2d 535

STATE, Respondent, v. BELL, Appellant.

Supreme Court of Wisconsin.

Decided February 25, 1974.

Attorney(s) appearing for the Case

Kenneth R. Bell was found guilty by a jury of burglary (sec. 943.10 (1) (a), Stats.) and sentenced to prison by the court, after conviction, to an indeterminate term not to exceed eight years, the sentence to run concurrently with any previous sentence Bell was then serving. Bell assigns as errors on this appeal the trial court's denial of his request for substitution of judge and the admission into evidence of items seized by the police from his automobile.

The cause was submitted for the appellant on the brief of Howard B. Eisenberg, state public defender, and Garrett N. Kavanagh, assistant state public defender, and for the respondent on the brief of Robert W. Warren, attorney general, and Michael R. Klos, assistant attorney general.

Submitted under sec. (Rule) 251.54 January 4, 1974.

HALLOWS, C. J.

On January 14, 1972, seven days after his arraignment, Bell filed a document entitled "Affidavit of Prejudice," in which he moved the trial judge to disqualify himself for prejudice and for another judge to be assigned to hear the case. The form of this request was in the tradition of the old practice, since supplanted by sec. 971.20, Stats.1 At the hearing on the...

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