McAULEY v. MAXWELL

No. 37950.

174 Ohio St. 567 (1963)

MCAULEY, APPELLANT, v. MAXWELL, WARDEN, APPELLEE.

Supreme Court of Ohio.

Decided May 29, 1963.


Attorney(s) appearing for the Case

Mr. Norman B. McAuley, in propria persona.

Mr. William B. Saxbe, attorney general, and Mr. John Cianflona, for appellee.


Per Curiam.

The primary issue raised by appellant relates to the failure of the trial court to obtain a written waiver of jury in conformity with Section 2945.05, Revised Code, prior to accepting his guilty plea. It is appellant's contention that the provisions of this section are mandatory, and that the failure to obtain such waiver deprived the court of its jurisdiction so that he is entitled to be released by habeas corpus. It is well established that the...

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