(concurring specially).
I concur in the result only because it appears from the record and the statement made by the trial attorney for defendant that defendant received a fair trial; there was little prejudicial pretrial publicity shown; and it appears that the result was just.
However, as to the general principles of law involved, I am in agreement with the' dissenting opinion of Mr. Justice Otis. In the absence of substantial reasons why the defendant should not be allowed to waive a jury trial, I would hold that a defendant’s knowing and voluntary request to waive a jury should be controlling and that such a request should be granted by the trial court. Further, I believe that this position is consistent with Rule 26.01 of the prospectively adopted Rules of Criminal Procedure.