§806-61 Waiver of jury. The defendant in any criminal case may, with the consent of the court, waive the right to a trial by jury either by written consent filed in court or by oral consent in open court entered on the minutes. Any case in which a trial by jury is waived may be tried by the court without a jury both as to the facts and the law, and when the trial has been had there shall be no further trial upon the facts, except upon the granting of a new trial according to law. [L 1903, c 9, §1; RL 1925, §4028; am L 1931, c 36, §1; RL 1935, §5524; RL 1945, §10825; RL 1955, §258-35; am L 1957, c 282, §10; HRS §711-61; ren L 1972, c 9, pt of §1]