State v. Naughten
| Decision Date | 20 April 1971 |
| Parties | STATE of Oregon, Respondent, v. Hugh Kyle NAUGHTEN, Appellant. |
| Court | Oregon Court of Appeals |
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed the brief for respondent.
Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.
Defendant, having waived trial by jury, was convicted of burglary. He appeals, contending that the proceedings were void because he did not sign a written waiver of his right to trial by jury. He claims no actual prejudice, and in effect admits that with the advice of counsel he knowingly and intelligently waived his right to a jury trial. The duly certified transcript of the proceedings discloses the following:
Art. I, § 11, Oregon Constitution, provides:
'In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; * * * provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive trial by jury and consent to be tried by the judge of the court alone, such election to be in writing * * *.'
The defendant argues that 'in writing' means a writing executed by the defendant. The state argues that the official transcript of the trial record meets the...
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