STATE v. NAUGHTEN


480 P.2d 448 (1971)

STATE of Oregon, Respondent, v. Hugh Kyle NAUGHTEN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 11, 1971.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


SCHWAB, Chief Judge.

Defendant, having waived trial by jury, was convicted of burglary. He appeals, contending that the proceedings were void because he did not sign a written waiver of his right to trial by jury. He claims no actual prejudice, and in effect admits that with the advice of counsel he knowingly and intelligently waived his right to a jury trial. The duly certified transcript of the proceedings discloses the following:

"THE COURT: In the Matter...

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