IN RE MENDES

Docket No. Crim. 20665. S.F. No. 23919.

23 Cal.3d 847 (1979)

592 P.2d 318

153 Cal. Rptr. 831

In re THERON MENDES on Habeas Corpus. MICHAEL LOUIS STEVENSON, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

March 27, 1979.


Attorney(s) appearing for the Case

COUNSEL

George Bumanglag and Vivien C. Ide for Petitioners.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Gary A. Binkerd, Deputy Attorneys General, for Respondent in Crim. No. 20665 and for Real Party in Interest.

No appearance for Respondent in S.F. No. 23919.


OPINION

RICHARDSON, J.

We hold that the selection of a jury in a criminal case is not completed and jeopardy does not attach until all of the jurors, including any alternate jurors, are sworn. As we explain, the trial court properly impaneled the jury and, in the present case, prosecution of defendants was not barred by the former jeopardy provisions of either the Fifth Amendment to the United States Constitution, or article I, section...

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