State Ex Rel. Murphy v. Voss

We start with the fundamental proposition that under the Sixth amendment to the United States constitution and sec. 7, art. I of the Wisconsin constitution all persons are entitled in a criminal prosecution to an impartial jury trial and this right extends to misdemeanors. A jury trial by sec. 5,-art. I of the Wisconsin con stitution may be waived by the parties in all cases in the manner prescribed by law. By way of implementation, sec. 957.01, Stats., provides for a trial by a jury of 12 in all cases in courts of record and the waiver of such jury trial requires the approval of the court…