McCORMICK, Justice.
We granted discretionary review of the trial court's order overruling defendant Rodrick D. Henderson's motion for bench trial on a charge of willful injury under § 708.4, The Code. We must decide whether Iowa R.Crim.P. 16(1) gives a defendant an absolute right to waive a jury and be tried by the court. The trial court held it does not. We hold that it does and therefore reverse.
Rule 16(1) provides: "Trial by court allowed....
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