In re Virch

Citations

• 5 Alaska 500

Syllabus

<p>Juey <&wkey;29(2)—Waives—Habeas Corpus.</p> <p>The plaintiff in this proceeding was arrested for maliciously breaking the fence of another. He waived a trial by jury and was tried by the justice, who found him guilty and imposed the penalty fixed by statute. He then brought habeas corpus to test the legality of his conviction on trial without a jury, notwithstanding his waiver, contending that section 2527, Compiled Laws Alaska 1913, which specially authorized the waiver and summary trial without jury, is in violation of the last clause of section 2, article 3, XJ. S. Const. Held, the offense for which the defendant was found guilty is not a petty misdemeanor, but a crime of a serious character, and may be punished by imprisonment for a year. The conviction is therefore in conflict with the provision of the Constitution and void. The jury trial in such cases cannot he waived, notwithstanding the act of Congress authorizing it. The applicant is illegally held, the writ is sustained, and the prisoner discharged.</p> <p>c@=»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>