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STATE v. COOK

No. 86-2277-CR.

141 Wis.2d 42 (1987)

413 N.W.2d 647

STATE of Wisconsin, Plaintiff-Appellant, v. Edwin H. COOK, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 5, 1987.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Donald J. Hanaway, attorney general and Barry M. Levenson, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of attorney Leonard D. Kachinsky of Neenah.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

The state appeals from a nonfinal order compelling it to consent to Edwin H. Cook's waiver of a jury trial. Because this court concludes that the state is not required to justify its refusal to consent to a jury trial waiver and that Cook has not been denied equal protection, we reverse the order and remand for a trial by jury.

Cook was charged with intentionally mistreating an animal, contrary to sec. 948.02, Stats. The complaint alleged that...

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