Robinson v. State, 49878

Citation345 So.2d 1044
Decision Date11 May 1977
Docket NumberNo. 49878,49878
CourtUnited States State Supreme Court of Mississippi
PartiesRobert L. ROBINSON v. STATE of Mississippi.

McIlwain, McIlwain & Cox, John H. Cox, III, Greenville, for appellant.

A. F. Summer, Atty. Gen., by Catherine Walker Underwood, Special Asst. Atty. Gen., Jackson, for appellee.

Before PATTERSON, SUGG and WALKER, JJ.

WALKER, Justice, for the Court.

Robert L. Robinson was indicted in the Circuit Court of Washington County for the crime of embezzling a printing plate belonging to his employer, The Times Publishing Company of Greenville. The court, sitting without a jury, heard all the evidence and found Robinson guilty as charged. The court sentenced Robinson to a term of six months in the county jail, for of which were suspended. In his first assignment of error, Robinson contends that his conviction must be reversed because he was not tried by a jury. First, he contends that the right to trial by jury, guaranteed by Article III, Section 31 of the Mississippi Constitution of 1890, cannot be waived by the accused. Finally, he contends that, even if the right may be waived, the record must affirmatively reflect that the accused waived his right knowingly and voluntarily.

There is no merit whatever in Robinson's first assignment of error. It has been settled in Mississippi that trial by jury in criminal cases may be waived by the agreement of the defendant and the prosecution. Prueitt v. State, 261 So.2d 119, 121-22 (Miss.1972). There is no need to reexamine that holding here.

Robinson's second assignment of error requires us to elaborate on the nature and requisites of a waiver. Since the right to trial by jury in state criminal proceedings is an aspect of due process of law as guaranteed by the Fourteenth Amendment of the United States Constitution, Duncan v. Louisiana, 391 U.S. 145, 88 S.Ct. 1444, 20 L.Ed.2d 491 (1968), the waiver of that right is also governed by the Federal Constitution. The Supreme Court of the United States, speaking through Justice Black, has said, 'A waiver is ordinarily an intentional relinquishment or abandonment of a known right or privilege.' Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461, 1466 (1938). We have indicated that similar standards of waiver are to be applied to rights secured by the Mississippi Constitution. See Morgan v. United States Fidelity & Guaranty Co., 222 So.2d 820, 829-30 (Miss.1969).

Robinson contends that in all cases the record must affirmatively reflect that the standards of Johnson and Morgan have been met. We disagree. As a general rule, this Court presumes that the decisions of the lower courts are correct. To the appellant falls the duty of insuring that the record contains sufficient evidence to support his assignments of error on appeal. See, e.g., Shelton v. Kindred, 279 So.2d 642, 644 (Miss.1973). A multitude of constitutional rights may conceivably be involved in any criminal proceeding. It would impose an unmanageable burden upon the trial courts to hold that the record of each trial must affirmatively show that no constitutional rights whatsoever have been violated. If we hold that such...

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33 cases
  • Hansen v. State, 89-DP-0823
    • United States
    • Mississippi Supreme Court
    • 18 Diciembre 1991
    ...contains "sufficient evidence to support his assignments of error on appeal." Burney, 515 So.2d at 1160 (quoting Robinson v. State, 345 So.2d 1044, 1045 (Miss.1977)). In the present state of the record, we may not credit this charge of XI. Witherspoon, With a Twist Hansen argues that the Ci......
  • Jackson v. State
    • United States
    • Mississippi Supreme Court
    • 18 Enero 1996
    ...before this Court." Smith v. State, 572 So.2d 847, 849 (Miss.1990); Burney v. State, 515 So.2d 1154, 1160 (Miss.1987); Robinson v. State, 345 So.2d 1044, 1045 (Miss.1977). A transcript of the circuit court's instructions to the jury, which Jackson complained was absent from the record, was ......
  • Thomas v. State
    • United States
    • Mississippi Supreme Court
    • 14 Junio 2018
    ...Criminal defendants are no exception.7 Further, the waiver need not be affirmatively reflected in the record. Robinson v. State , 345 So.2d 1044, 1045 (Miss. 1977). ¶ 62. Likewise, with certain exceptions, criminal defendants are bound by the actions of their lawyers. Hill , 528 U.S. at 114......
  • Underwood v. State
    • United States
    • Mississippi Supreme Court
    • 12 Febrero 1998
    ...contains "sufficient evidence to support his assignments of error on appeal." Burney, 515 So.2d at 1160 (quoting Robinson v. State, 345 So.2d 1044, 1045 (Miss.1977)). Hansen v. State, 592 So.2d 114, 127 ¶23 Although not procedurally barred, Underwood's claim is not persuasive. Rule 4.08 of ......
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