136 Wis. 111 | Wis. | 1908
The plaintiff in error was convicted in the-municipal court of Milwaukee county and sentenced to imprisonment in the house of correction for one year after having been found guilty by the verdict of a jury.
The only point argued in the brief of plaintiff in error is. that Ignatz Gorski, one of the jurymen, was not of sufficient intelligence to qualify him as a juror and d: 1 not have sufficient knowledge of the English language to understand the-nature of the evidence or any of the arguments or proceedings in the case. It appeared that when the jury was called this juror was examined with reference to his qualifications-by the assistant district attorney and by the attorney for the-plaintiff in error. He testified that he had no bias or prejudice for or against the prosecution of the class of cases in question, no interest in the outcome of the case, no bias or prejudice.for or against the defendant, and had formed or expressed no opinion as to his guilt or innocence. He understood the defendant in a criminal case is presumed innocent until he is found guilty, that the burden of proof was-on the state, and there was nothing to prevent him giving-the defendant the presumption of innocence. These answers were made in monosyllables. Several more complicated questions were not answered. Neither counsel pressed' for an answer, but the juror did testify as follows: “Question by counsel for plaintiff in error: Do you understand the English language clearly so that you will understand all the evidence that is introduced here? A. No.” After this-several other questions remained unanswered, but the juror was accepted without challenge by the state or by the plaintiff in error. After his conviction the plaintiff in error-moved for a new trial upon affidavit averring the foregoing disqualifications of the juror Gorski, and that plaintiff in error did not know of such disqualifications prior to the rendition of the verdict in the action. The court denied the motion for a new triaL
Counsel for plaintiff in error contends upon the authority of Jennings v. State, 134 Wis. 307, 114 N. W. 492, and other cases of that class, that because it is a rule of law in this state that one on trial for a criminal offense could not waive bis right to a trial by a jury of twelve men it follows that be could not waive tbe disqualification of tbe juror Gorski. We cannot assent to tbe correctness of this proposition. Tbe rule of Jennings v. State, supra, is not to be ex
By the Court. — The judgment of the municipal court is affirmed.