State ex rel. Sauk County District Attorney v. Gollmar

The sole issue before this court is whether a defendant charged with a misdemeanor can *409secure a six-man jury trial without the state acting through the district attorney consenting thereto. The controlling statute is sec. 957.01 (1), Stats., which provides :

“Except as otherwise provided in this chapter, criminal cases in courts of record shall be tried by a jury of 12, drawn as prescribed in ch. 270, unless the defendant waives a jury trial in writing or by statement in open court, entered in the minutes, with the approval of the court and the consent of the state. A defendant charged with a…