Sims v. State

Shulman, Chief Judge.

The trial court, sitting as the trier of fact, found appellant guilty of rape. Appellant now questions the sufficiency of the evidence and asserts that there is no evidence that he knowingly and intelligently waived his right to a jury trial.

1. The trial transcript shows that the trial court was informed by the assistant district attorney that defense counsel had requested a trial by the court without a jury and that counsel for both parties had initialled such a notation on the indictment. No inquiry was made of the defendant.

The factual situation in the instant case is…