People v. Walker

Defendant appeals from his nonjury conviction of the statutory rape ** of his daughter and the ensuing sentence therefor. The three specific issues framed by defendant all relate to his contention that he was denied a fair and impartial trial.

Const 1963, art 1, § 20, guarantees a defendant a right to trial by an “impartial jury”. On jury waiver, a judge “shall proceed to hear, try and determine such cause in accordance with the rules and in like manner as if such cause were being tried before a jury”. CL 1948, § 763.4 (Stat Ann 1954 Rev § 28.857). In effect, the statute places the same…