Countess v. State

I agree with the majority’s holding that under Rule 735 d, the election of a court trial is not effective unless there is an affirmative showing on the record that the defendant himself has asserted that “he has the right to be tried by a jury of *46512 persons or by the court without a jury; that whether trial is by a jury or by the court, Ms guilt must be found to be beyond a reasonable doubt; and that in a jury trial all 12 jurors must agree that he is so guilty but in a court trial the, judge may so find.” I therefore concur that on the facts of the cases before us, there was not compliance…