People v. Rimmer

On February 15, 1974, defendant Kenneth K. Rimmer was tried without a jury and found guilty of breaking and entering an occupied dwelling with intent to commit larceny. MCLA 750.110; MSA 28.305. On March 7, 1974, defendant was sentenced to serve 6 to 15 years in prison.

On appeal defendant asserts that since he did not waive his right to jury trial as required by statute, the ordering of a new trial is mandated.

MCLA 763.3; MSA 28.856 provides that a defendant has the right to waive a jury trial and may elect to "be tried before the court without a jury”. The statute also provides that:

"Except…