BENGE v. STATE

No. 31247.

330 S.W.2d 195 (1959)

Forrest Lee BENGE, Jr., Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 16, 1959.


Attorney(s) appearing for the Case

Tod R. Adams, Crockett, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The offense is burglary.

The record affirmatively shows that the appellant waived his right of trial by jury and entered a plea of not guilty to a single count indictment charging the felony offense of burglary.

It has been the consistent holding in an unbroken line of cases by this Court that the defendant cannot waive the right of trial by jury in a felony case where he pleads not guilty. Art. 11, Vernon's Ann. C.C.P.; Clark...

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