Dascenzo v. State

I. Did the Trial Court err in Allowing the Case to he Tried by a six-member Jury, Without the Express Consent of the Defendant?

Sec. 957.01 (2), Stats., provides:

“At any time before verdict the parties may stipulate in writing or by statement in open court, entered in the minutes, with the approval of the court, that the jury shall consist of any number less than 12.”

The following colloquy took place between counsel and the court:

“The Court: As I understand, you have stipulated to a jury of six?

“Mr. Krause [Defense counsel] : Yes, Your Honor..

“Mr. Collins [Prosecution] : Yes, Your Honor.”

Defend…