Judgment reversed, on the law, and new trial ordered.
The findings of fact have not been considered. The Acting County Judge in this case permitted defendant to waive his right to a jury trial and then proceeded to try the case, although he knew at the time that as an Assistant District Attorney he had presented another case involving this defendant to a Grand Jury. That fact was unknown to defendant at the time he asked to be tried by the court without a jury and...
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