Birmingham v. Evans

McCALL, Justice.

In. view of the holdings in Colten v. Kentucky, 407 U.S. 104, 92 S.Ct. 1953, 32 L.Ed2d 584 (1972), Walker v. Dillard, D. C., 363 F.Supp. 921 (1973), and Manns v. Virginia, 213 Va. 322, 191 S.E.2d 810 (1972), all decided since Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491, rehearing denied 392 U.S. 947, 88 S.Ct. 2270, 20 L.Ed.2d 1412, (1968), we reaffirm the position taken by this court, holding that a jury trial should not be required in a municipal court or other court from which an appeal can be taken as a-matter of right to the circuit court or other…