Charles G. McCranie v. United States

Fifth Circuit

Charles G. McCranie v. United States

333 F.2d 307, 1964 U.S. App. LEXIS 5036

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 17, 1964

Docket21022_1

StatusPublished

Cited by14 cases

This text of 333 F.2d 307 (Charles G. McCranie v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles G. McCranie v. United States, 333 F.2d 307, 1964 U.S. App. LEXIS 5036 (5th Cir. 1964).

Pincite

Opinion

PER CURIAM.

In seeking reversal of his conviction by the Court under his plea of not guilty, Appellant complains that his express waiver of trial by jury, F.R.Crim.P. 23 (a), was ineffective because the District Judge failed to sufficiently advise him of his right to a jury. He further complains that the Judge should have allowed him to withdraw the waiver several hours later.

The questions propounded by the District Judge to Appellant speak in the plainest of language of waiver of Appellant’s right to a jury trial. The words could not have been any clearer, and there is no showing that Appellant, an intelligent man aided by his retained counsel, had any doubts about his absolute right to a jury trial.

The waiver thus being effective, the District Judge did not abuse his discretion in denying the request to withdraw the waiver when the entire jury venire had been dismissed, and to have granted the request would have meant an unmerited continuance.

Affirmed.

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