California Court of Appeal September 24, 1935, Crim. No. 2781 (People v. Medina)

CRAIL, P. J.

The defendant appeals from a conviction of rape. The sole contention of the defendant is that *260the waiver of a trial by jury was made after the court had started to impanel the jury and that the court could not try the case thereafter without a jury. The impaneling of the jury had not been completed.