KING v. COM.

Record No. 1313-02-3.

579 S.E.2d 634 (2003)

40 Va. App. 364

Robert Daniel KING, a/k/a Dan King, a/k/a Daniel Zanone, a/k/a Daniel R. King, a/k/a Dan Konski, a/k/a Daniel Queen, v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

April 29, 2003.


Attorney(s) appearing for the Case

Christopher K. Kowalczuk, Roanoke, for appellant.

Michael T. Judge, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., ELDER, J., and COLEMAN, Senior Judge.


ELDER, Judge.

Robert Daniel King (appellant) appeals from his convictions, entered upon conditional guilty pleas, for two counts of embezzlement and two counts of grand larceny. On appeal, he contends the trial court erroneously declared a mistrial when one of the twelve jurors impaneled became too ill to serve. He contends no manifest necessity existed for a mistrial because he agreed to waive his right to have twelve jurors hear the case, even though the Commonwealth...

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