State ex rel. Warner v. Baer

Citations

• 103 Ohio St. (N.S.) 585

Syllabus

<p>Mandamus — Correction of journal by court — Estoppel by consenting to recitals — Trial by jury — Sections 5 and 10, Article I, Constitution — Waiver by accused — Trial to less than twelve jurors — Agreements, waivers . and stipulations binding, when — Criminal law.</p> <p>1. While it is proper in all cases that the journal of every court should recite the truth, the extraordinary writ of mandamus may not be employed to compel a correction where the party invoking the aid of the writ has agreed and consented that the journal may not correctly report the proceedings, and such party' is estopped from claiming its benefits.</p> <p>2. Sections 5 and 10 of the Ohio Bill of Rights confer upon persons accused of crime a right of trial by jury, but this right may be waived, and accused persons may, with the approval of the court, consent to be tried by a jury composed of less than twelve men.</p> <p>3. The provisions of those sections are not peremptory or manda>-tory in form, and although the legislature may not enact any law taking away from persons accused of crime the right or privilege of jury trial, and although courts may not authoritatively try such persons otherwise than before a constitutional jury of twelve men, such persons may with the assent of the court voluntarily waive such right, and after conviction will be estopped from prosecuting error therefrom.</p> <p>4. Agreements, waivers and stipulations made by persons accused of crimes, or by their counsel in their presence, during the course of a trial for crime, are, after the termination of the trial, as binding and enforceable upon such persons as like agreements, waivers and stipulations are upon parties to civil actions.</p>