Campbell

Petition for writ of prohibition. Petitioner was charged with and, after trial by court without a jury, was convicted of violating sections 22101 and 14601, Vehicle Code. His subsequent appeal was rejected by the appellate department of the superior court and he was directed to surrender himself to serve Ms sentence. He now seeks writ of prohibition to restrain the court from imposing such sentence upon him.

Petitioner urges issuance of the writ upon the ground that a jury trial was never waived by him and his counsel as required by section 7 of article I of the Constitution, the pertinent portions of which are hereinafter set forth.

A portion of the reporter’s transcript on appeal is affixed as an exhibit to the petition and shows the following proceedings to have ensued in division 25 of the municipal court, the division in which the trial of defendant was had:

Petitioner contends the foregoing proceedings demonstrate that, although petitioner expressly indicated in the affirmative his wish to waive a jury trial and have the matter tried by the court without a jury, his counsel, Mr. Duffy, in reply to the court’s inquiry as to whether jury has been waived in this matter said:…