46-16-110. Right to jury trial -- waiver. (1) The parties in a felony case have a right to trial by a jury of 12 persons.

(2) The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.

(3) Upon written consent of the parties, a trial by jury may be waived.