ATHENS v. WHITE

No. 70-668.

28 Ohio St. 2d 35 (1971)

CITY OF ATHENS, APPELLEE, v. WHITE, APPELLANT.

Supreme Court of Ohio.

Decided November 3, 1971.


Attorney(s) appearing for the Case

Mr. Michael Nolan, for appellee.

Messrs. Lavelle & Yanity, Mr. William A. Lavelle and Mr. Ronald E. DeVeau, for appellant.


LEACH, J.

The single issue herein is whether or not defendant waived his right to trial by jury. The answer to this question hinges on whether or not a timely demand for jury trial was filed pursuant to Ohio statutory law. We conclude that a timely demand was filed. Thus, we reverse and remand for further proceedings in accordance with law.

R. C. 1901.24 reads:

"Any cause in a Municipal Court, either civil or criminal, shall be tried to the court unless...

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