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PEOPLE v. HOLMES

Docket No. Crim. 6635.

54 Cal.2d 442 (1960)

353 P.2d 583

5 Cal. Rptr. 871

THE PEOPLE, Respondent, v. NATHAN BOYD HOLMES, Appellant.

Supreme Court of California. In Bank.

July 1, 1960.

Attorney(s) appearing for the Case

Lionel Richman, under appointment by the District Court of Appeal, and James C. Williams, under appointment by the Supreme Court, for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Ernest E. Sanchez, Deputy Attorney General, for Respondent.

GIBSON, C.J.

Defendant was tried without a jury and found guilty of selling narcotics in violation of former section 11500 of the Health and Safety Code.1 The decisive question raised by this appeal is whether he waived a trial by jury in the manner required by the California Constitution. We have concluded that he did not.

Our Constitution declares that the right of trial by jury shall be secured to all and remain inviolate. Prior...

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