Morgan v. People

Plaintiff in error was indicted in the circuit court of Jefferson county for the crime of an assault with intent to murder one George B. Welborn. On being furnished with a copy of the indictment, etc., the record shows that arraignment was waived by the defendant, and a formal plea of not guilty entered. Thereupon, as the record further shows, the cause was by consent submitted to the court for trial. There is no formal waiver of a jury, but the record leaves no doubt that a jury was waived, and that the cause was tried by the court without the intervention of a jury. After the recital…