People v. Barba

California Court of Appeal Sep 12, 1929 No. Docket No. 1829.Published

Before: Houser

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Holding. The court held that a trial court lacks jurisdiction to proceed without a jury when the defendant has not personally consented to the waiver of a jury trial.

Issues

Whether a trial court has jurisdiction to conduct a bench trial when the defendant did not personally consent to the waiver of a jury trial.

Disposition. Reversed

Quotations verified verbatim against the opinion

“Defendant now raises the point that as he did not personally consent to a waiver of a jury trial, the trial court was without jurisdiction in the premises.”

“it is ordered that the judgment and the order denying the motion for a new trial be and they are reversed.”

HOUSER, J.

Defendant appeals from a judgment of conviction of the offense of unlawfully selling intoxicating liquor and from an order denying his motion for a new trial.

On the trial of the action, by stipulation entered into between the district attorney and the attorney representing the defendant, a jury trial was waived. Defendant now raises the point that as he did not personally consent to a waiver of a jury trial, the trial court was without jurisdiction in the premises.

Relying upon the case of

People

Garcia,

98 Cal. App. 702 [277 Pac. 747], wherein the provisions of section 7, article I, of the Constitution are thoroughly considered, it is ordered that the judgment and the order denying the motion for a new trial be and they are reversed.

Conrey, P. J., and York, J., concurred.

A petition for a rehearing of this cause was denied by the District Court of Appeal on September 24, 1929, and a petition by respondent to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on October 7, 1929.

All the Justices present concurred.

People v. Barba

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HOUSER, J.

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