PEOPLE v. PECHAR

Docket No. 3027.

130 Cal.App.2d 616 (1955)

279 P.2d 570

THE PEOPLE, Respondent, v. ALFRED PECHAR, Appellant.

Court of Appeals of California, First District, Division Two.

February 7, 1955.


Attorney(s) appearing for the Case

Wainwright & Racanelli and Harry S. Wainwright for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Respondent.


DOOLING, J.

Defendant appeals from a judgment of conviction of violating Penal Code, section 288, rendered by the court sitting without a jury. At the outset appellant presents the argument that the record does not show a waiver of jury trial in the manner provided in article I, section 7 of the California Constitution, which requires such waiver to be "expressed in open court by the defendant and his counsel." This has been construed repeatedly to require an express...

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