STATE v. SWINT


475 P.2d 434 (1970)

STATE of Oregon, Respondent, v. Steven James SWINT, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 15, 1970.


Attorney(s) appearing for the Case

Jere M. Webb, Portland, argued the cause for appellant. On the brief was Howard M. Feuerstein, Portland.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.


BRANCHFIELD, Judge.

The defendant, represented by counsel, went to trial before a jury on the charge of first degree murder. When the state rested, after four days of state's evidence, the defendant, over the objection of his counsel, waived trial by jury. The rest of the case was heard by the trial judge sitting without a jury. The trial judge found the defendant guilty as charged. He now appeals, contending that the trial court erred in granting his request to waive...

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