People ex rel. Wannamaker v. Wallack

The relator appeals from an order which dismissed a writ of habeas corpus. The record substantiates that the relator, while represented by *873counsel, pleaded guilty to the charge of grand larceny, first degree. The alleged error claimed by the relator is that when he entered a plea of guilty, it should have been by written instrument instead of orally. The section of the Constitution to which the relator refers (art. I, § 2) provides that “ A jury trial may be waived by the defendant in all criminal eases * * * by a written instrument signed by the defendant ”, This section is not applicable to…