What is the test for waiving a trial by jury?

California, United States of America


The following excerpt is from People v. Adame, 111 Cal.Rptr. 462, 36 Cal.App.3d 402 (Cal. App. 1973):

3 A defendant may waive a trial by jury (art. I, 7, Cal.Const.) and may agree to be tried by a number of jurors less than 12. (People v. Patterson (1959) 169 Cal.App.2d 179, 186--187, 337 P.2d 163.) There is no authority for deliberation by a jury of more than 12 jurors.

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