State v. Garcia

CHARLES CARROLL, Chief Judge.

We have for decision a question certified to this court under Rule 4.6 FAR, 32 F. S.A. by a judge of the circuit court of Dade County, in a cause there pending (Criminal No. 2531) for the prosecution of one Domingo Garcia under an indictment for forcible rape, a capital offense under § 794.01 Fla.Stat., F.S.A., to which he has entered a plea of not guilty.1

The question, briefly stated, is whether a trial by jury can be waived by a defendant who, under indictment for a capital offense, has pleaded not guilty.

Regarding the question to be one proper to be certified…