State ex Evans v. Eckle

SPECIAL CONCURRENCE

By HORNBECK, J,

Special Concurrence:

The question of waiver of a jury and how it can be accomplished by defendant in a criminal case, either misdemeanor or felony has been the subject of many decisions by our Supreme Court.

Sec. 13448-2 GC has been the law since 1835, 33 O. L. 39, R. S. 7316, §1369-2 GC. It provided “and if such person is convicted by confession in open court the court shall proceed by examination of the witnesses in open court, to determine the degree of crime, and shall pronounce sentence - accordingly.”

As early as Dailey v. State, 4 Oh St 57, it was held…