Ordered that the judgment is affirmed.
Just prior to the start of jury selection, the Assistant District Attorney informed the court that he was having difficulty securing the presence of two eyewitnesses. The court agreed not to swear the jury "as a jury" once they are selected, in case it became necessary to declare a mistrial. A jury was then picked with the court swearing in each group as they were selected. When it became evident that the prosecution would not...
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