Can pretrial publicity affect the selection of an impartial jury?

Absolutely no evidence was presented that any pretrial publicity could have affected the selection of an impartial jury. This case bears no resemblance to Sheppard v. Maxwell, 384 U.S. 333, 86 S.Ct. 1507, 16 L.Ed.2d 600, relied on by defendants, where, during the six or seven months preceding the trial, there was 'a barrage' of newspaper headlines, articles and other news reporting slanted against defendant and creating a 'wave of public passion' against him.

Neither was there any evidence here of prosecutorial misconduct, or indicating any laxity by the trial judge or defense counsel in the performance of their respective duties. Presumably, the jury followed the court's instructions, and heeded the admonitions not to look at news reports of the case. (See People v. Gomez, 41 Cal.2d 150, 161--162, 258 P.2d 825.) Under the circumstances we cannot say the trial judge erred in concluding defendants were in no way prejudiced. Nor can we say the judge abused his discretion in not permitting a polling of the jury on the question.