State v. Mead

Indictment for larceny; Plea, not guilty. When the cause was called for trial, the defendant claimed the right to have the cause tried by the Court and not by a jury. The prosecuting attorney, on behalf of the state, objected to this claim-, and insisted upon having a jury impanelled to try the issue. The Court overruled the objection of the prosecuting attorney, tried the cause upon its merits without a jury, and acquitted the defendant.

We have no doubt but that this proceeding is unconstitutional and void. The language of the constitution of the state is, “ That in all criminal cases,…