State v. Zimmerman

We here consider the question of the proper time and place to raise a contention that a defendant in a criminal case did not knowingly waive — or, more properly under Maryland procedure, elect — a jury trial. We shall reverse the order of the Court of Special Appeals which, when the question of the voluntariness of the election was raised for the first time in that court, remanded the case for a determination of that point.

We do not consider whether an accused may elect a court trial, thereby waiving a jury trial. That is established. Rose v. State, 177 Md. 577, 10 A. 2d 617 (1940) ; Singer…