Legal Opinion

Jennings v. State

Wisconsin Supreme Court

Decided January 8, 1908PublishedCited by 24 opinions

EkeoR to review a judgment of tbe circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Plaintiff in error pleaded not guilty to an information charging him with abandonment of and failure to support his wife. A jury of twelve men was duly impaneled and sworn to try the case. When all the evidence had been received and the counsel had concluded their arguments the court adjourned until the following morning.

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EkeoR to review a judgment of tbe circuit court for Fond du Lac county: Chester A. Fowler, Circuit Judge. Plaintiff in error pleaded not guilty to an information charging him with abandonment of and failure to support his wife. A jury of twelve men was duly impaneled and sworn to try the case. When all the evidence had been received and the counsel had concluded their arguments the court adjourned until the following morning. When court opened in the morning one of the jurors failed to appear and after search he could not be found, and the judge thereupon made the following statement: “One of…

1Opinion of the CourtSiebecKjse, J.

The single question presented is-, Has the accused, after plea of not guilty to the charge preferred in *309file information, under the provisions of secs. 7 and 8, art. I, of the state constitution, the right to waive trial by a jury of twelve persons ? The question was considered by this court in two cases—State v. Lockwood, 43 Wis. 403, and In re Staff, 63 Wis. 285, 23 N. W. 587. In the former case the accused waived the jury entirely, the case was submitted to the court upon the evidence, and the court found him guilty. In passing upon the right of the accused in criminal cases it was there…

2Cases cited4 opinions

  1. State v. LockwoodWisconsin Supreme Court · 1877
  2. In re StaffWisconsin Supreme Court · 1885
  3. Norval v. RiceWisconsin Supreme Court · 1853
  4. May v. Mil. & Miss. R. R.Wisconsin Supreme Court · 1854

3Cited by24 opinions

  1. Patton v. United StatesSupreme Court of the United States · 1930
  2. People v. PeeteCalifornia Court of Appeal · 1921
  3. Oborn v. StateWisconsin Supreme Court · 1910
  4. State v. HansfordWisconsin Supreme Court · 1998
  5. Hack v. StateWisconsin Supreme Court · 1910

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