PEOPLE v. McKAIG

Docket Nos. 77-4678, 78-303.

89 Mich. App. 746 (1979)

282 N.W.2d 209

PEOPLE v. McKAIG PEOPLE v. LOEWE

Michigan Court of Appeals.

Decided May 1, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Rita Chastang and Anne B. Wetherholt, Assistant Prosecuting Attorneys, for the people.

Riley & Roumell (by Robert J. Colombo, Jr.), for defendant McKaig.

Before: N.J. KAUFMAN, P.J., and T.M. BURNS and BASHARA, JJ.


N.J. KAUFMAN, P.J.

On July 26, 1977, defendants Michael McKaig and William Loewe were found guilty in a bench trial of unarmed robbery, MCL 750.530; MSA 28.798. They were sentenced on August 9, 1977, and appeal as of right.

Michigan law requires that in order for a defendant to effectively waive his right to a jury trial, he must make a written waiver in open court. MCL 763.3; MSA 28.856:

"In all criminal cases arising in the courts of this state whether...

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