(a)Trial by jury. – Cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the state. (b)Jury of less than twelve. – Juries shall be of 12, but at any time before verdict the parties may stipulate in writing with the approval of the court that the jury shall consist of any number less than 12 or that a valid verdict may be returned by a jury of less than 12 should the court find it necessary to excuse one or more jurors for any just cause after trial commences. (c)Trial without a jury. – In a case tried without a jury, the court shall make a general finding and shall, in addition, on request made before the general finding, find the facts specially. Such findings may be oral. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein.
W.Va. R. Crim. P. 23
Effective October 1, 1981; amended effective September 1, 1995.
