People v. Edwards

In September 1972 defendant was tried without a jury and found guilty of larceny from the person. MCLA 750.357; MSA 28.589. On October 16, 1972, defendant was sentenced to serve five to ten years in state prison.

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

The statute provides that defendant has the right to a nonjury trial. MCLA 763.3; MSA 28.856. The statute is explicit and mandatory.

"Except in cases cognizable by a justice of the peace, such waiver and election by a defendant shall be in writing…