State v. Robinson

The issue is whether, when a defendant has consented to trial before a jury of six, his attorney can act for him in waiving his right to have the jury decide the issue of guilt or innocence by an unanimous verdict.

The defendant was charged with burglary. On January 13, 1975, he appeared in court through his attorney and stated that he was ready to go on trial, agreed to stand trial before a jury of six, and agreed that five of the six could render a verdict. On January 15, 1975, trial commenced before a different judge. Just prior to selection of the jury the defendant and his attorney signed…