Giminiani

The defendant was convicted of the crime of misdemeanor, to wit, contributing to the delinquency of a minor. His appeal is from the order denying his motion for a new trial, and also from the judgment. The same action was before this court on a former appeal. (People v. Giminiani, 70 Cal. App. 195 [ 232 Pac. 993 ].)

When the case was called for trial, and before any juror was sworn, the defendant moved “to dismiss the present panel of jurors and draw another, on the ground of prejudice arising from the trial of Benjamin C. Bellomi by the same panel on the same charge as that on which the present defendant is being tried, and because of the statements of the court during and subsequent to such trial.” The motion was supported by an affidavit' which set forth certain facts concerning the Bellomi case, which was tried a few days before the trial of the Giminiani case, and' by a jury drawn from the same panel. The substance of the matter was that Bellomi was charged with an offense similar to that charged against Giminiani; that the Bellomi jury was discharged without rendering any verdict, because one John Nord, one of the jurors, voted “not guilty,” although the other eleven were…