Eliachar v. United States

CAYTON, Judge:

Appellant was convicted of petit larceny, D.C.Code 1961, § 22-2202. He had initially requested a trial by jury but while he was present in court, his attorney waived the right and later proceeded to trial by the court. After a finding of guilt, appellant filed a pro se motion for a new trial on the ground that he had not waived the right to jury trial.

At a hearing on the motion, appellant who was then represented by newly-retained counsel, testified that he knew his jury demand had been waived but that he was intimidated by his own lawyer, too frightened to protest and unable to…