State v. Ellard

I consider the findings of the Trial Court insufficient to establish that the respondent waived his right to trial by jury by exercising any "informed judgment" in the matter, or that with knowledge of his constitutional right he consented to trial by eleven jurors only. Adams v. United States, 317 U.S. 269, 277. See Patton v. United States, 281 U.S. 276. The evidence would not support such a finding if made. I am therefore of the opinion that a new trial should be ordered.