Commonwealth v. Hall

Lewis, J.,

When the above ease was called for trial, the defendant, through his counsel, expressly waived a trial by jury, whereupon the trial judge proceeded to hear the testimony without a jury, and at the conclusion of the testimony adjudged the defendant guilty of the charge on which he had been indicted, namely, assault and battery, and to which he had pleaded not guilty. The defendant has now filed a motion for a new trial on the ground that his waiver was ineffective, in that he could be lawfully tried only by a jury.

It might be argued that the motion should be refused on the ground…