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STATE v. HEGG

Cr. No. 1231.

410 N.W.2d 152 (1987)

STATE of North Dakota, Plaintiff and Appellee, v. Kelly Jon HEGG, Defendant and Appellant.

Supreme Court of North Dakota.

July 28, 1987.

Attorney(s) appearing for the Case

Debbie Gordon Kleven, Asst. States Atty., Grand Forks, for plaintiff and appellee.

O'Grady, Morley & Morley, Grand Forks, for defendant and appellant; argued by Gary E. Euren.

MESCHKE, Justice.

Kelly Hegg was convicted of robbery, a felony, upon the verdict of a jury of six. Hegg appeals. We reverse and remand for a new trial because Hegg was denied trial by a jury of twelve.

At a bench conference before trial, the court informed the attorneys that Hegg had not made a written demand for a jury of twelve, as required by Section 29-17-12, N.D.C.C., and that the court intended to proceed with a six-person jury. Trial took place without...

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