TITLE 19

CRIMINAL PROCEDURE

CHAPTER 19

MODE OF TRIAL — FORMATION OF TRIAL JURY — POSTPONEMENT OF TRIAL

19-1902.  Trial by jury. Issues of fact must be tried by jury, unless a trial by jury be waived in criminal cases by the consent of both parties expressed in open court and entered in the minutes. In case of misdemeanor the jury may consist of six (6) or any number less than six (6) upon which the parties may agree in open court. There shall be no right to trial by jury for an infraction.

History:

[(19-1902) R.S., sec. 7781; am. 1890-1891, p. 165, sec. 1; reen. 1899, p. 110, sec. 1; reen. R.C. & C.L., sec. 1781; C.S., sec. 8904; I.C.A., sec. 19-1802; am. 1965, ch. 80, sec. 1, p. 130; am. 1982, ch. 353, sec. 8, p. 878; am. 2000, ch. 69, sec. 1, p. 152; am. 2014, ch. 236, sec. 3, p. 597.]