State v. McCaw
Decision Date | 23 March 1939 |
Docket Number | 27184. |
Parties | STATE v. McCAW. |
Court | Washington Supreme Court |
Elroy McCaw was convicted of contributing to the delinquency of a minor, and he appeals.
Judgment reversed with directions to grant a new trial.
Appeal from Superior Court, Whatcom County; Edwin Gruber, judge.
Abrams & McCush and R. W. Greene, all of Bellingham, for appellant.
Harley Covalt and Frank M. Allyn, both of Bellingham, for the State.
During the month of April, 1938, the defendant Elroy McCaw was by information charged with the crime of contributing to the delinquency of a minor.
The defendant having waived a jury trial, the case was tried to the court. At the conclusion of the trial the court found the defendant guilty. A motion for arrest of judgment, and in the alternative for a new trial was presented and denied. Judgment was rendered against the defendant requiring him to pay a fine and sentencing him to imprisonment in the county jail. This appeal followed.
Appellant now urges that the judgment be reversed upon the ground that the trial court did not have jurisdiction to try him without a jury.
The jurisdictional question presented here was not called to the attention of the trial court, and the case of State v Karsunky, Wash., 84 P.2d 390, 396, was decided subsequently to the trial of appellant.
In that case we held that a defendant in a criminal case could not waive his right to trial by jury unless in his plea he admits the truth of the charge or in open court confesses his guilt, and Rem.Rev.Stat.§ 2309, repealed or superseded Rem.Rev.Stat. § 2144.
In the case just cited it was stated:
Respondent contends, however, that State v. Karsunky, supra, laid down a rule relative to felonies, and that a different rule should be adopted in cases where a defendant is tried for a misdemeanor such as is charged in the present case.
Our statute, Rem.Rev.Stat. § 2253, defines as crimes all acts or omissions forbidden by law. A different name is given to each degree of crime based upon the punishment to be inflicted in the event of conviction. Felonies,...
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...was refused. In that case, we also quoted extensively from Callan v. Wilson, Supra. The rule was also recognized in State v. McCaw, 198 Wash. 345, 347, 88 P.2d 444 (1939), holding that where the defendant was entitled to a jury trial he could not waive it except by a plea fo guilty or admis......
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...v. Battey, 32 R.I. 475, 80 A. 10; Huey v. State, 88 Tex.Cr.R. 377, 227 S.W. 186; State v. Hirsch, 91 Vt. 330, 100 A. 877; State v. McCaw, 198 Wash. 345, 88 P.2d 444; Perkins, Proposed Jury Changes in Criminal Cases, 16 Iowa L.Rev. 20, 32. The subject is fully discussed in State ex rel. Warn......
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...of the manner and form procedure, rather than of jurisdiction. State v. Karsunky, 1938, 197 Wash. 87, 84 P.2d 390, and State v. McCaw, 1939, 198 Wash. 345, 88 P.2d 444, which concerned the conflict in the then existing statutes pertinent to the question of jury trials in criminal cases, are......
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Brandon v. Webb, 29539.
...160 P.2d 529 23 Wn.2d 155 BRANDON v. WEBB, Superintendent of Washington State Penitentiary. No. 29539.Supreme Court of WashingtonJune 28, 1945 ... Department ... Proceeding ... in the ... in open court confesses his guilt. State v ... Karsunky, 197 Wash. 87, 84 P.2d 390; State v ... McCaw, 198 Wash. 345, 88 P.2d 444. That again, however, ... is not the situation presented by this case. The respondent ... did not enter a ... ...