Seale v. Luttrell

Mr. Chiee Justice Burnett

delivered the opinion of the Court.

The only question involved in this case is whether or not T.C.A. sec. 40-2504, as amended in 1965 and carried in the Supplement to the Code of 1967,’is constitutional. The amendment to this statute provides for the waiver of a trial by jury both as to guilt and punishment.

Petitioner was indicted for larceny and receiving stolen property in- two cases. He filed a motion to waive the jury and submit his case to the trial judge, as to both guilt and punishment. This motion was concurred in by the plaintiff in error, his counsel and…