OPINION
BOOCHEVER, Chief Justice.
Joseph James was convicted on a charge of sale of a hallucinogenic, stimulant and depressant drug in violation of AS 17.12.010. The court had set August 18, 1975 for trial, and selection of a jury was commenced on that date. During voir dire examination, the defendant moved for dismissal because of alleged violation of Criminal Rule 45(b) which states:
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