State v. . Hill

It has been, the uniform holding with us that when a defendant in a criminal prosecution, on trial in the Superior Court, enters a plea of “Not guilty” to the charge preferred against him, he may not thereafter, without changing his plea, waive his constitutional right of trial by jury. S. v. Hartsfield, 188 N. C., 357, 124 S. E., 629; S. v. Rogers, 162 N. C., 656, 78 S. E., 293. And this applies to misdemeanors as well as to felonies. S. v. Pulliam, 184 N. C., 681, 114 S. E., 394.

True, special verdicts are permissible in criminal cases, but when such procedure is had, all the essential facts…