People v. Smith

Defendant was accused by information with the crime of burglary while armed with a deadly weapon. A trial by jury was duly waived and a trial by the court resulted in a judgment of guilty, from which defendant appeals.

It is contended on appeal that, "the defendant was denied a trial by jury without having duly waived the same in violation of his constitutional rights."

• The record reveals the following:

"The Court: People against William J. Smith. Are you waiving a jury trial in this matter?

"The Defendant: Yes.

"The Court: Is this satisfactory to the District Attorney?

"Mr. Hopkins: Yes.

"Mrs.…