STATE v. ZIMMERMAN

[No. 307, September Term, 1970.]

261 Md. 11 (1971)

273 A.2d 156

STATE OF MARYLAND v. ZIMMERMAN A/K/A SAMUEL DANIELS AND SAMUEL BROWN

Court of Appeals of Maryland.

Decided February 8, 1971.


Attorney(s) appearing for the Case

Robert A. DiCicco, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Edward F. Borgerding, Assistant Attorney General, on the brief, for appellant.

William H. Murphy, Jr., with whom was LeRoy W. Carroll on the brief, for appellee.

The cause was argued before HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.


SMITH, J., delivered the opinion of the Court.

We here consider the question of the proper time and place to raise a contention that a defendant in a criminal case did not knowingly waive — or, more properly under Maryland procedure, elect — a jury trial. We shall reverse the order of the Court of Special Appeals which, when the question of the voluntariness of the election was raised for the first time in that court, remanded the case for a determination...

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