State v. Marrujo

MOISE and CARMODY, Justices

(dissenting) .

The majority recognize that there may be a waiver of trial by jury in felony cases only where there is consent of government counsel, the sanction of the court, and the “express and intelligent consent of the defendant,” but conclude, however, that no express waiver is required where defendant is charged with the misdemeanor of giving alcoholic liquor to minors. With this conclusion we do not agree.

The majority do not consider if the offense was one for which a trial by jury was provided at the time of adoption of our constitution, and accordingly…