Indiana Court of Appeals March 28, 1978, 3-977A247 (Smith v. State)

HOFFMAN, J.

Defendant-Appellant Charles Smith was convicted by a jury of first-degree burglary

1

and sentenced to the Indiana Department of Correction for a period of not less than ten (10) nor more than twenty (20) years. The sole issue presented in this appeal is whether a criminal defendant can agree to be tried by a jury consisting of less than twelve (12) members.