State v. Hegg

MESCHKE, Justice.

Kelly Hegg was convicted of robbery, a felony, upon the verdict of a jury of six. Hegg appeals. We reverse and remand for a new trial because Hegg was denied trial by a jury of twelve.

At a bench conference before trial, the court informed the attorneys that Hegg had not made a written demand for a jury of twelve, as required by Section 29-17-12, N.D.C.C., and that the court intended to proceed with a six-person jury. Trial took place without Hegg objecting to the smaller jury. Following Hegg’s conviction, he moved for a new trial, claiming that he was denied his right to a…