§806-61  Waiver of jury.  The defendant
in any criminal case may, with the consent of the court, waive the right to a
trial by jury either by written consent filed in court or by oral consent in
open court entered on the minutes.  Any case in which a trial by jury is waived
may be tried by the court without a jury both as to the facts and the law, and
when the trial has been had there shall be no further trial upon the facts,
except upon the granting of a new trial according to law. [L 1903, c 9, §1; RL 1925,
§4028; am L 1931, c 36, §1; RL 1935, §5524; RL 1945, §10825; RL 1955, §258-35;
am L 1957, c 282, §10; HRS §711-61; ren L 1972, c 9, pt of §1]



 



Rules of Court



 



  See HRPP rule 23(a), (c).



 



Case Notes



 



  Facts insufficient to constitute waiver.  38 H. 178.



  Method of waiver exclusive and requires substantial
compliance.  39 H. 613.



  Referred to in holding that court has summary jurisdiction
over "petty" offenses not constitutionally required to be tried by
jury.  51 H. 612, 466 P.2d 422.



  Cited:  20 H. 71, 95; 33 H. 113, 125; 82 F. Supp. 83.