
    POLICE JURISDICTION IN MISDEMEANORS.
    Circuit Court of Hamilton County.
    In Re George Hildebrand.
    
    Decided, August 3, 1912.
    
      Criminal Law — Misdemeanors—Waiver in Writing by Accused Necessary to Dispense with Jury — Sections 4577 and 13511.
    A police court lias the same jurisdiction in misdemeanor cases as a justice of the peace, and can not enter final judgment, without the intervention of a jury, against one charged with a misdemeanor, unless during the examination he has signed a waiver in writing of a jury in his case.
    
      B. G. Fox, for plaintiff in error.
    
      Robert A. Black, contra.
    The issue in this case was as to the proper interpretation to be placed on the law as to final jurisdiction of the police court in violations of state laws wherein the accused is entitled to a jury trial.
    Smith, P. J.; Swing, J., and Jones, J., concur.
    
      
       Affirming a similar holding in the case of In re Zacharow, 13 N.P.(N.S.), 119.
    
   Section 4577 of the General Code provides:

“The police court shall have jurisdiction of, and to hear, finally determine, and to impose the prescribed penalty for, any offense under any ordinance of the city and of any misdemeanor committed within the limits of the city, or within four miles thereof. The jurisdiction of such court to make inquiry in criminal cases shall be the same as that of a justice of the peace. Cases in which the accused is entitled to a jury trial, shall be so tried unless a jury be waived. ’ ’

Section 13511 of the General Code provides as follows:

“When the accused is brought before the magistrate and there is no plea of guilty, he shall inquire into the complaint in the presence of such accused. If it appear that an offense has been committed and that there is probable cause to believe the accused guilty, he shall order him to enter into a recognizance, with good and sufficient surety, in such amount as he deems reasonable, or for his appearance at the proper time and before the proper court, unless he shall discharge him from custody. If the offense charged is a misdemeanor and the accused, in a writing subscribed by him and filed before or during the examination, waive a jury and- submit to be tried by the magistrate, he may render final judgment. ’ ’

It is apparent from the above two sections that the jurisdiction of the police court in misdemeanors is the same as that of a justice of the peace.

Before a justice of the peáee can render final judgment against one charged with a misdemeanor without the intervention of a jury, the one so charged must waive in writing^ signed by him, and filed before or during the examination, a jury, and submit to be tried by the justice.

In the record of the case before us, it does not affirmatively appear that at the trial of the cause a jury was waived in writing as required by law, and therefore the police court acting as the magistrate, and in so acting having only the jurisdiction conferred upon magistrates, had no power to enter final judgment committing the petitioner to prison. Being without jurisdiction his judgment was void.

The judgment of the court below is therefore affirmed.  