State v. Smith

The defendant in error was indicted and convicted of murder in the first degree and sentenced to be electrocuted. Did the trial court, under the circumstances disclosed by this record, commit error in requiring the defendant to proceed to trial for the crime charged, after refusing defendant’s application waiving a jury and electing to be tried by the judge under the provisions of Sections 13442-4 and 13442-5, General Code (113 Ohio Laws, 179)?

Those two sections were embodied in the same legislative act, both becoming effective July 21,1929. Because of their vital importance, we quote them,…