Gurley v. United States

Appellant was convicted of carrying a pistol without a license after trial by the court sitting without a jury.1 He was not represented by counsel at his trial and the record contains no express waiver in writing or orally by him of this right. Rather, he stated in open court before the witnesses began to testify, “I realized that a defense of myself would be an inadequate defense.” However, the trial court commented i![s]ince . . . the court that has to do with the assignment of cases . . . has certified it out to me, the only thing I can do is to go to trial with it.” This trial, at which…