SCHWAB, Chief Judge.
The issue is whether, when a defendant has consented to trial before a jury of six, his attorney can act for him in waiving his right to have the jury decide the issue of guilt or innocence by a unanimous verdict.
The defendant was charged with burglary. On January 13, 1975, he appeared in court through his attorney and stated that he was ready to go to trial, agreed to stand trial before a jury of six, and agreed that five of the six...
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