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ELIACHAR v. UNITED STATES

No. 4155.

229 A.2d 451 (1967)

Jules R. ELIACHAR, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 10, 1967.

Attorney(s) appearing for the Case

Melvin Hirshman, Washington, D.C., for appellant.

Geoffrey M. Alprin, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., Frank Q. Nebeker and Donald E. Santarelli, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, CAYTON (Chief Judge, Retired), and QUINN (Associate Judge, Retired).

CAYTON, Judge:

Appellant was convicted of petit larceny, D.C.Code 1961, § 22-2202. He had initially requested a trial by jury but while he was present in court, his attorney waived the right and later proceeded to trial by the court. After a finding of guilt, appellant filed a pro se motion for a new trial on the ground that he had not waived the right to jury trial.

At a hearing on the motion, appellant...

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