It has already been shown in a previous section that a jury cannot be waived in a felony case - not even by consent.4

1 U. S. Const., Amendment 6; Const, of Ill. Art. 2, Sec. 5.

2 Const, of Ill., Art. 2, Sec 5.

3 George V3. People, 167 Ill., 417;

State vs. Griffin, 66 N. H., 326.

4 Harris vs. People, 128 Ill., 589; State vs. Simons, 61 Kan., 752; Morgan vs. People, 136 Ill., 161.

Nor can the defendant consent to a trial by a jury composed of less than twelve jurors.5

But it is well settled that the defendant may waive a jury in a prosecution for a misdemeanor, and submit the issues to be tried by the judge of the court, where such waiver has been authorized by statute.6