Robert Daniel King, a/k/a, etc v. Commonwealth

ELDER, Judge.

Robert Daniel King (appellant) appeals from his convictions, entered upon conditional guilty pleas, for two counts of embezzlement and two counts of grand larceny. On appeal, he contends the trial court erroneously declared a mistrial when one of the twelve jurors impaneled became too ill to serve. He contends no manifest necessity existed for a mistrial because he agreed to waive his right to have twelve jurors hear the case, even though the Commonwealth objected to proceeding with only eleven jurors. We hold the Commonwealth had a co-equal right to have twelve jurors hear the…