Simmons v. State

Citations

• 75 Ohio St. (N.S.) 346

Syllabus

<p>Jurisdiction of justice of peace — Section 37180, Revised Statutes— Accused entitled to jttry — Waiver of jury can not be implied, when.</p> <p>1. In a prosecution under Section 37180, Revised Statutes, upon a plea of not guilty, before the-justice can acquire jurisdiction to hear the complaint and render final judgment in the case without the intervention of a jury, the accused must waive his right to a jury trial.</p> <p>2. Such waiver must clearly and affirmatively appear upon the record, and it can not be assumed or implied by a reviewing court from the silence of the accused, or his mere failure to demand a jury. (Dailey v. State, 4 Ohio St., 57, and Billigheimer v. State, 32 Ohio St., 435, distinguished.)</p>