In People v. Pechar (1955) 130 Cal.App.2d 616, there was "no expression of waiver by the defendant personally" ( id. , at p. 617), defendant's attorney responding "yes, sir," when the court asked "Does the defendant waive trial by jury?" The court stated "The court reporter made no record of any such action (the affidavits are in dispute as to whether the reporter could see the defendant at the time). If the defendant had waived the jury verbally such a situation would not be likely to arise. To this may be added the fact that any motion of the head or body must be interpreted by the one who sees it. It is much more liable to misinterpretation or differences of interpretation than an expression in words." (Id.) The court concluded "such waiver must be expressed by the defendant in the manner which can involve no question of misinterpretation, doubt or uncertainty at the time or afterwards, i.e., that such waiver must be by the use of language." (Id. )