Dillon v. State

DAVIDSON, Judge.

The judgment in this case shows that after the appellant, upon his plea of not guilty, “waived a trial by jury, and submitted the decision of the cause to the Court,” he was convicted of the offense of driving an automobile upon a public highway while intoxicated and assessed a fine of $50 and ten days in jail by the court.

By motion for new trial, appellant claims that he did not waive trial by jury but requested a jury trial.

Evidence was heard by the trial court upon the allegation of the motion, and is brought here in a statement of the facts so introduced.

The state…