State v. Halmo

The only issue on appeal is whether violation of sec. 972.12(2), Stats., which requires an officer of the court to keep a jury together and to prevent communications between the jurors and others after the jury has retired to consider its verdict, constitutes reversible error under the facts of this case. We conclude that it does and we accordingly reverse and grant a new trial.

Gene Halmo appeals from a judgment finding him guilty of driving while under the influence of an intoxicant and from an order denying his post-conviction motion for a new trial. He was charged as a repeat offender in a…