State v. Dunn

This case involving the principal issue of waiver of a jury trial after indictment comes to this Court by grant of the writ of certiorari.

Respondent, David Dunn, indicted for simple assault and battery, employed private competent counsel who, on August 27, 1968, entered a plea of not guilty for his client. The case was set for trial on Friday, October 11, 1968, which by custom or unwritten rule of the trial court is the day of the week set apart for non-jury matters. It is admitted defendant’s counsel had full knowledge of this custom or unwritten rule. On October 11, 1968, respondent, his…