PEOPLE v. SCHMITT

Docket No. 8541.

33 Mich. App. 214 (1971)

189 N.W.2d 801

PEOPLE v. SCHMITT

Michigan Court of Appeals.

Decided April 27, 1971.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert F. Leonard, Prosecuting Attorney, and Donald A. Kuebler, Chief Assistant Prosecuting Attorney, for the people.

William Goldberg, for defendant on appeal.

Before: QUINN, P.J., and R.B. BURNS and McGREGOR, JJ.


PER CURIAM.

The defendant was convicted of involuntary manslaughter. MCLA § 750.321 (Stat Ann 1954 Rev § 28.553). While represented by appointed counsel he waived his right to trial by jury, electing to be tried by the judge. Appellate counsel was appointed, and a motion for a new trial was heard and denied by the trial court.

Defense counsel argues that the defendant's waiver of his right to trial by jury was not voluntarily made because of defendant...

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