SEALE v. LUTTRELL


428 S.W.2d 312 (1968)

W.J. SEALE v. Mark H. LUTTRELL, Superintendent.

Supreme Court of Tennessee.

May 17, 1968.


Attorney(s) appearing for the Case

Hugh W. Stanton, Jr., Asst. Public Defender of Memphis, for plaintiff in error.

George F. McCanless, Atty. Gen., and Albert D. Noe, IV, Asst. Atty. Gen., Nashville, for the State.

Phil M. Canale, Jr., Memphis, prosecuted case in trial court.


OPINION

BURNETT, Chief Justice.

The only question involved in this case is whether or not T.C.A. § 40-2504, as amended in 1965 and carried in the Supplement to the Code of 1967, is constitutional. The amendment to this statute provides for the waiver of a trial by jury both as to guilt and punishment.

Petitioner was indicted for larceny and receiving stolen property in two cases. He filed a motion to waive the jury and submit his case to the...

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