DILLON v. STATE

No. 28986.

305 S.W.2d 956 (1957)

Walter Earl DILLON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Motion for Rehearing October 23, 1957.


Attorney(s) appearing for the Case

Travis Smith, Corpus Christi, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


DAVIDSON, Judge.

The judgment in this case shows that after the appellant, upon his plea of not guilty, "waived a trial by jury, and submitted the decision of the cause to the Court," he was convicted of the offense of driving an automobile upon a public highway while intoxicated and assessed a fine of $50 and ten days in jail by the court.

By motion for new trial, appellant claims that he did not waive trial by jury but requested a jury trial.

Evidence...

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