Sturdevant v. State

The defendant is alleged to have twice entered the home of one Donald Pecore forcibly and without his consent.

The issues raised on this appeal fall into two categories: (1) Disqualification of the trial judge, and (2) errors alleged to have occurred during the trial.

Disqualification of trial judge.

This issue is raised because the same judge presided over both trials.

Sec. 956.03, Stats., provides in part:

“956.03 Change of venue or judge. (1) Prejudice of Judge; Another Judge Called. If the presiding judge has acted as attorney for a defendant or for the state in the pending action, or if a…