Robbins v. State

ROONEY, Justice,

concurring.

In concurring with the opinion of Justice Raper, I confirm that which I said in my specially concurring opinion in Taylor v. State, Wyo., 612 P.2d 851 (1980). I concur herein only because Rule 24(a), W.R.Cr.P. does not require the writing by which a jury trial is waived to be by the defendant or subscribed to by him. A written record was made of the waiver by defendant in this case, and it can be argued that such was sufficient under the rule. Although I am reluctant to accept such argument, I must acknowledge that it can be made. The rule should be explicit in this respect, and I anticipate that it will be changed to be so.