State v. Norman

Article I, § 13, of the Constitution of North Carolina provides:

“No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful persons in open court. The Legislature may, however, provide other means of trial, for petty misdemeanors, with the right of appeal.”

By virtue of this constitutional provision the courts of this State have no power, even by consent, to try a defendant in a criminal prosecution for felony and determine his guilt or innocence without a jury. State v. Stewart, 89 N.C. 563. This is so even where the facts may be agreed to by the…