Woods

The appellant was tried before the superior court sitting without a jury, and was found guilty, upon a charge of having violated section 112 of the California Vehicle Act.

It is contended by the appellant and conceded by counsel for the People that the record fails to disclose any proceedings before the court below which constituted an express waiver by the defendant or by his counsel of a trial by jury. The transcript does disclose a notation of 11 jury having been waived”, and of the following inquiry and response: “The Court: Has the jury been waived? Mr. Glover: Yes, your Honor, we waived the jury over in Department 22.” At the conclusion of the trial it appears that the court stated previously to passing sentence: “At both trials you joined the prosecution, the district attorney, in waiving a jury trial; the case was tried before the court without a jury. After evidence was received, the court finds that you are guilty of the offense as alleged in the information. Have you any legal cause now to show why judgment should not be pronounced against you? The defendant: No, sir.” It is suggested on behalf of the respondent that the observation of the trial court, relying upon the…