29-16-02. Issues of fact tried by jury - When trial by jury may be waived

29-16-02. Issues of fact tried by jury - When trial by jury may be waived In any case, whether a misdemeanor or felony, a trial jury may be waived by the consent of the defendant and the state's attorney expressed in open court and entered on the minutes of the court. Otherwise, the issues of fact must be tried by the jury.