Brumbalow v. State, 47870
| Decision Date | 19 February 1973 |
| Docket Number | No. 1,No. 47870,47870,1 |
| Citation | 197 S.E.2d 380,128 Ga.App. 581 |
| Parties | Fred J. BRUMBALOW v. The STATE |
| Court | Georgia Court of Appeals |
Darryl R. Vandeford, Lawrenceville, for appellant.
C. B. Holcomb, Dist. Atty., Canton, for appellee.
Syllabus Opinion by the Court
An accusation was brought against the defendant for driving while intoxicated and with license revoked. On September 15, 1972, he filed a plea of not guilty 'and agrees to try before court without jury on November 9, 1972.' Subsequently, a written demand for jury trial was made dated October 25 and filed for record October 30. The trial court refused the demand, tried the case without a jury, and the defendant appeals from his conviction and sentence on this ground. Held:
Cain v. State, 102 Ga. 610, 612, 29 S.E. 426, and see to the same effect Brown v. State, 89 Ga. 340, 15 S.E. 462; Wilson v. State, 60 Ga.App. 641, 4 S.E.2d 688. "If the statute sets no time limit within which the demand (for jury trial) must be made, it may be made at any time before the case is called for trial, or upon the call for trial. (cit.)' One Hour Valet of Peachtree v. Kamor, 103 Ga.App. 618, 621, 120 S.E.2d 130, 133.' Stansell v. Fowler, 113 Ga.App. 377, 381, 147 S.E.2d 793, 796. It does not appear from the record here that the revocation of the waiver of demand for jury trial was opposed by the state or that it would have substantially delayed the cause of justice. Whether or not a jury was available on Thursday, November 9, also does not appear, but a new term of court in Forsyth County commenced by operation of law on the following Monday, November 13, and it may be assumed that there would be a regularly convened jury at least by this four-day period. Since the right to revoke the waiver is subject only to proof of special circumstances showing that its exercise would 'substantially delay or impede the cause of justice,' and no such proof appears, the judgment of conviction must be reversed.
Judgment reversed.
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...in the defendant's favor its discretion to grant a jury trial. Cain v. State, 29 S.E. at 427 (Georgia). Brumbalow v. State, 128 Ga.App. 581, 197 S.E.2d 380, 380-381 (1973). Catanese, 385 So.2d at 237 (Louisiana). Floyd, 90 So.2d at 107 (Florida). Thomas, 238 S.E.2d at 835-836 (Virginia). Wi......
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...delay or impede the cause of justic,' and no such proof appears, the judgment of conviction must be reversed.' Brumbalow v. State, 128 Ga.App. 581, 582, 197 S.E.2d 380, 380; Cain v. State, 105 Ga. 610, 612, 29 S.E. 426. In making our determination that the withdrawal of the waiver should ha......
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