McCranie v. United States
Decision Date | 17 June 1964 |
Docket Number | No. 21022.,21022. |
Citation | 333 F.2d 307 |
Parties | Charles G. McCRANIE, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
George G. Phillips, Pensacola, Fla., for appellant.
C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., Clinton Ashmore, U. S. Atty., Tallahassee, Fla., C. W. Eggart, Jr., First Asst. U. S. Atty., Stewart J. Carrouth, Asst. U. S. Atty., for appellee.
Before TUTTLE, Chief Judge, BROWN, Circuit Judge, and BREWSTER, District Judge.
In seeking reversal of his conviction by the Court under his plea of not guilty, Appellant complains that his express waiver of trial by jury, F.R.Crim.P. 23 (a), was ineffective because the District Judge failed to sufficiently advise him of his right to a jury. He further complains that the Judge should have allowed him to withdraw the waiver several hours later.
The questions propounded by the District Judge to Appellant speak in the plainest of language of waiver of Appellant's right to a jury trial. The words could not have been any clearer, and there is no showing that Appellant, an intelligent man aided by his retained counsel, had any doubts about his absolute right to a jury trial.
The waiver thus being effective, the District Judge did not abuse his discretion in denying the request to withdraw the waiver when the entire jury venire had been dismissed, and to have granted the request would have meant an unmerited continuance.
Affirmed.
To continue reading
Request your trial-
Landry v. Hoepfner
...as established in Patton v. United States, 281 U.S. 276, 312, 50 S.Ct. 253, 263, 74 L.Ed. 854 (1930). See also McCranie v. United States, 333 F.2d 307, 307 (5th Cir.1964). Petitioner cannot be justly deemed to have waived his fundamental constitutional right to a jury Accordingly, Article I......
-
People v. Miller
...or unreasonable "delay" is often cited as a key factor militating against the granting of such applications (see McCranie v. United States, 333 F.2d 307 [5th Cir., 1964]; People v. Chambers, 7 Cal.3d 666, 102 Cal.Rptr. 776, 498 P.2d 1024 [1972]; Sharpe v. State, 174 Ind.App. 652, 369 N.E.2d......
-
McNeil v. State of North Carolina
...denied, 332 U.S. 816, 68 S.Ct. 155, 92 L.Ed. 393 (1947) (indictment by a grand jury for a felony or infamous crime); McCranie v. United States, 333 F.2d 307 (5 Cir. 1964) (trial by jury); Howard v. Commonwealth of Kentucky, 200 U.S. 164, 26 S.Ct. 189, 50 L.Ed. 421 (1906) (presence at select......
-
State v. Franklin
...his claim. 2 Hatcher v. United States, 122 U.S.App.D.C. 148, 352 F.2d 364; Pool v. United States, 9 Cir., 344 F.2d 943; McCranie v. United States, 5 Cir., 333 F.2d 307; Hensley v. United States, D.C.Mun.App., 155 A.2d 77; Chislom v. Warden of Maryland House of Correction, 223 Md. 681, 164 A......