Maguire v. Smith

CROCKETT, Justice:

Brian Edward Maguire appeals from the refusal of the district court to grant his petition in habeas corpus in which he seeks to have declared void his conviction of second-degree murder.

Defendant was charged with first-degree murder. He waived trial by jury and chose to be tried by the court. The court dismissed the first-degree murder charge and found the defendant guilty of murder in the second degree. Petitioner appealed that conviction, claiming that it was error for the trial court to allow him to waive his right of trial by jury; and he also contended that due to…