Green v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant was tried for assault with intent to murder and convicted of assault and battery. The jury fixed punishment at six months at hard labor.

On March 2, 1973, the appellant filed a written waiver of a jury trial and demanded therein that trial proceed without a jury. This request by way of waiver was objected to by the District Attorney and on March 6, 1973, the date of the trial, the court denied the request contained in the waiver and the case proceeded to trial before a struck jury.

Under the circumstances the action of the court was correct.…