People v. Pelton

YANKWICH, J., pro tem.

After a jury had been impaneled and sworn to try the defendant upon a complaint charging him with petty theft of property of the value of $200, the complaint was dismissed at the request of the prosecuting attorney. Thereupon, the defendant stipulated that the jury might try him upon a new complaint, which was then prepared, sworn to and filed, and upon which he was finally convicted. The defendant was arraigned upon the new complaint and entered a plea of not guilty thereto. The jury was never impaneled or sworn in the new case; nor was there a waiver of such impaneling…