Dossett v. State

Appellant was convicted in probate court of driving under the influence of alcohol. He appealed that conviction to superior court, which affirmed. On appeal to the Court of Appeals, appellant argued that the probate court’s judgment was void because there was no written waiver of jury trial. The Court of Appeals held that the issue had been waived by appellant’s failure to raise it in the superior court, and affirmed his conviction. Dossett v. State, 197 Ga. App. 139 (2) (398 SE2d 24) (1990). We granted certiorari to consider whether the absence from the record of a waiver of jury trial in…