Benge v. State

BELCHER, Judge.

The offense is burglary.

The record affirmatively shows that the appellant waived his right of trial by jury and entered a plea of not guilty to a single count indictment charging the felony offense of burglary.

It has been the consistent holding in an unbroken line of cases by this court that the defendant cannot waive the right of trial by jury in a felony case where he pleads not guilty. Art. 11, V.A.C.C.P.; Clark v. State, 161 Texas Cr. Rep. 278, 276 S.W.2d 819, and authorities there cited.

The plea of nolo contendere provided for in Arts. 501, 502, 505, 517, 518 and 519,…