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STATE v. MILLS

No. 1220.

91 Ariz. 206 (1962)

370 P.2d 946

STATE of Arizona, Appellee, v. William W. MILLS, Appellant.

Supreme Court of Arizona, En Banc.

April 25, 1962.

Attorney(s) appearing for the Case

Earl Terman, Tucson, for appellant.

Robert W. Pickrell, Atty. Gen., Stirley Newell, Asst. Atty. Gen., Harry Ackerman, County Atty. of Pima County, by Sidney L. Cain, Deputy County Atty., for State of Arizona, appellee.

UDALL, Vice Chief Justice.

Defendant appeals from a felony conviction of theft by false pretenses.1 The matter was tried by the court pursuant to Article VI, section 17 of the Arizona Constitution, A.R.S. which provides in pertinent part that:

"* * * The right of jury trial as provided by this constitution shall remain inviolate, but trial by jury may be waived by the parties in any civil cause or by the parties with the consent...

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