State v. George

FOURNET, Chief Justice.

The defendant, Terry George, having been tried before a judge under a bill of indictment charging him with simple battery1 prosecutes this appeal from his conviction and sentence, contending the proceedings are invalid and should be reversed on the ground the trial judge erred in denying his motion for trial by jury.

Counsel for defendant argues that the Supreme Court of the United States in its recent decision in the case of Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491, held a crime punishable by more than 6 months imprisonment warrants a trial by…