Ex Parte Felton

A defendant may agree to waive a jury trial in writing in open court without signing that agreement. Neither Art. 1.13 nor 1.15, V.A.C.C.P. (1965) requires that a defendant sign the agreement he has made in writing in open court. These articles merely require that the agreement be in writing. The majority without reason have added the requirement that a defendant must sign the agreement.

The petitioner was charged with the offense of murder with malice in Cause Nos. 1250 and 1251 in the 71st District Court of Harrison County. On May 30, 1973, petitioner entered pleas of guilty to both…