Fair v. Maxwell

In this action, petitioner alleges that he was not served with a copy of the indictment, that he was not afforded the assistance of counsel when he pleaded guilty in 1950, and that he did not waive a trial by jury.

Failure to file a waiver of jury trial does not deprive an accused of any constitutional rights if he has pleaded guilty to the indictment. Rodriguez v. Sacks, Warden, 173 Ohio St. 456.

Petitioner’s other contentions are refuted by the record. A journal entry prepared specifically for petitioner’s case reads in part as follows:

“Whereupon the defendant stated in open court that he…