State v. Blanton

The opinion of the court was delivered by

Schroeder, J.:

This is a criminal action in which the defendant was tried by the court without a jury and found guilty of burglary in the first degree. He appeals from the judgment and sentence, and from the order overruling his motion for a new trial.

The only question raised on appeal is whether the trial court abused the exercise of its power of discretion in denying the defendant’s motion to withdraw his waiver of trial by jury.

On the 31st day of August, 1967, prior to the case being called for preliminary hearing on the docket of the Sedgwick County…