ARCHIBALD, Justice.
The defendant, following a jury waived trial, has appealed his conviction for violating the provisions of 17 M.R.S.A. § 2103 (Breaking, Entering and Larceny).
The appeal raises a single issue, namely, whether this record supports appellant's contention that his jury waiver had been unconstitutionally executed.
Rule 23(a), M.R.Crim.P., provides:
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