Summers

The plaintiff in error in his petition for rehearing represents that this court in its decision of the case passed without consideration the contention that the court below, in imposing sentence upon him, denied him his constitutional right to a trial by jury, and argues that, as the offense charged was a felony, the plaintiff in error was without power to waive his right to a jury trial. There was no assignment to direct our attention to the alleged error, al *102 though it was mentioned in the briefs. But as it is now earnestly urged as ground for granting a rehearing, we deem it proper- to present briefly our views upon the contention so made, while denying the petition.

The record shows that, the plaintiff in error having demurred generally to the indictment on the ground “that the facts stated do not constitute a crime,” and the court having overruled the demurrer, the plaintiff in error, by permission of the court, withdrew his plea of not guilty, and gave notice of his election to stand upon the demurrer, and not further to plead, “and to take advantage of section 97 of the Alaska Criminal Code of Procedure, and to submit 'to judgment thereunder.” That section provides as…