STATE v. COOLEY

No. 81-493-CR.

105 Wis.2d 642 (1981)

315 N.W.2d 369

STATE of Wisconsin, Plaintiff-Respondent, v. Perry Oliver COOLEY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 21, 1981.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Donna L. Hintze, assistant state public defender.

For the plaintiff-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Nicholas G. Bokas, assistant attorney general.

Before Decker, C.J., Moser, P.J., and Randa, J.


DECKER, C.J.

This appeal raises the questions of whether a juror should have been dismissed for cause, whether the defendant waived his right to a twelve-member jury, and whether the charging statute, sec. 940.225 (2) (e), Stats., is unconstitutional, depriving the trial court of subject-matter jurisdiction. Although we are of the opinion that the challenged juror was impartial and conclude that sec. 940.225 is not unconstitutional, we reverse because the record indicates...

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