Brumbalow v. State

Deen, Judge.

An accusation was brought against the defendant for driving while intoxicated and with license revoked. On September 15, 1972, he filed a plea of not guilty "and agrees to try before court without jury on November 9, 1972.” Subsequently, a written demand for jury trial was made dated October 25 and filed for record October 30. The trial court refused the demand, tried the case without a jury, and the defendant appeals from his conviction and sentence on this ground. Held:

Submitted February 5, 1973 Decided February 19, 1973 Rehearing denied March 21, 1973.

"The right of trial by…