All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government. If no jury is demanded the case shall be tried by the judge of the district court without a jury, except that the judge may, on his own motion, order a jury for the trial of any criminal action. The legislature may provide for trial in misdemeanor cases by a jury of six qualified persons. (July 22, 1954, ch. 558, § 26, 68 Stat. 507 ; Pub. L. 85–851, § 8 , Aug. 28, 1958 , 72 Stat. 1095 .) Editorial Notes Amendments 1958— Pub. L. 85–851 substituted requirement of jury trial upon demand by defendant or Government for prohibition against denial to any person on demand of either party. CFR Title Parts 43 17