19-109. Prerequisites to conviction. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, or upon a judgment of a probate or justice’s court, a jury having been waived, in a criminal case not amounting to a felony.
[(19-109) Cr. Prac. 1864, sec. 13, p. 214; R.S., R.C., & C.L., sec. 7358; C.S., sec. 8624; I.C.A., sec. 19-109.]