Spiller v. State

The sufficiency of the evidence to sustain the verdict of guilty is not in question so there need be no detailed recital of the evidence; the issues raised are whether there was a valid waiver of the jury trial, whether the trial court committed error in instructing the jury the date of his arrest was immaterial, and whether his sentence is valid because it was not based upon a judgment of conviction.

Was there a waiver of the jury trial?

At his arraignment Spiller stated he waived his right to trial by jury, but the transcript is silent on the reaction of the district attorney and the court.…