TRAYNOR, J.
In this proceeding in prohibition petitioner seeks to preclude his trial on two counts of grand theft on the ground that the trial would twice put him in jeopardy in violation of article I, section 13 of the California Constitution.
On December 18 and 19, 1961, petitioner was tried by a jury on two counts of grand theft. The jury retired at 4:12 p.m. on December 19 and returned to the courtroom at 9:05 p.m. When the court asked if the jury had...
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