Section 320.10. Non-jury trial; when authorized

1.    Except  where  the indictment charges the crime of murder in the
  first degree, the defendant, subject to the  provisions  of  subdivision
  two,  may  at  any time before trial waive a jury trial and consent to a
  trial without a jury in the superior court in which  the  indictment  is
  pending.
    2.  Such waiver must be in writing and must be signed by the defendant
  in  person  in  open  court  in  the presence of the court, and with the
  approval of the court.    The  court  must  approve  the  execution  and
  submission  of such waiver unless it determines that it is tendered as a
  stratagem to procure an otherwise impermissible procedural advantage  or
  that  the defendant is not fully aware of the consequences of the choice
  he is making.  If the court disapproves the waiver, it must  state  upon
  the record its reasons for such disapproval.