State v. Cooper

The first assignment of error is that the jury was permitted to separate during the four-day trial. Permitting the jury to separate during trial has been held to be reversible error in cases where the defendant was charged with what was formerly known as a “capital offense.” Rowan v. State, 30 Wis. 129; State v. Dolling, 37 Wis. 396; Clifford v. State, 58 Wis. 477, 17 N. W. 304; Hempton v. State, 111 Wis. 127, 86 N. W. 596. The defendant contends that this rule applies to all homicide cases.

The defendant cites Newbern v. State, 222 Wis. 291, 260 N. W. 236, 268 N. W. 871. In that case the…