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waive the trial court's complete failure to administer the juror oath, when a juror oath is given that deviates from the one statutorily prescribed, the error in the oath is waived by a defendant's failure to object. Phillips v. State, 275 Ga. 595(3) (571 S.E.2d 361) (2002) .] See Stockford v. State, 276 Ga. 241(4) (575 S.E.2d 889) (2003) (defendant asserting ineffectiveness must show prejudice from trial counsel's failure to object to deviation in juror oath). See also Gober v. State, 247 Ga. 652(2) (278 S.E.2d 386) (1981) (harm not presumed from failure to administer voir dire oath). Our review of the record establishes that [defendants] made no such showing. See generally id. (nothing in record showed that [defendant] prejudiced by any false answer given during voir dire); see also Gainesville Radiology Group v. Hummel, 263 Ga. 91, 94 (428 S.E.2d 786) (1993) (even where defendant proves that sworn juror answered untruthfully, reversal is not warranted unless defendant can also prove a correct response would have provided a valid basis for a challenge for cause). [Defendants] thus failed to satisfy the prejudice prong of the test for ineffective assistance of counsel.” Benton v. State, 286 Ga.App. 736, 649 S.E.2d 793 (July 9, 2007). Defendant’s convictions affirmed; although record was silent as to whether the jury was sworn, absent an affirmative showing that it wasn’t, “‘[t]he presumption exists that the judge discharged all his duties, including the swearing of the jury. ’ Bohin v. State, 156 Ga.App. 206, 208(6) (274 S.E.2d 592) (1980).” “A conviction by an unsworn jury is a nullity, Spencer v. State, 281 Ga. 533, 534 (640 S.E.2d 267) (2007), and where it appears affirmatively that the jury was not sworn, a subsequent conviction must be set aside ‘and the case must be remanded for retrial.’ Grant v. State, 272 Ga. 213 (528 S.E.2d 512) (2000) (conviction set aside where the State conceded that the jury oath was never administered). … However, ‘[t]he courts of this State have consistently held that the [mere] failure of the record to reflect whether the jury is sworn does not [itself] constitute reversible error.’ Stokes v. State , 206 Ga.App. 781(1) (426 S.E.2d 573) (1992).” Accord, Keller (December 1, 2004), below; Bynum v. State , 300 Ga.App. 163, 684 S.E.2d 330 (September 22, 2009); Hill v. State , 291 Ga. 160, 728 S.E.2d 225 (May 29, 2012). Spencer v. State, 281 Ga. 533, 640 S.E.2d 267 (January 22, 2007). Defendant’s re-trial was not barred, given that the jury that found him not guilty of malice murder but guilty on felony murder and other charges in his first trial apparently was never sworn. Defendant contends that a conviction by an unsworn jury is a nullity, but that an acquittal is binding; the Supreme Court disagrees. “Spencer’s jury was wholly without authority to pass upon any of the issues at trial, and therefore, to make any determinations whatsoever regarding guilt or innocence. Spencer’s assertion of former jeopardy is also belied by the fact that, in either the context of a constitutional claim or that under the extended state statutory protections, jeopardy does not attach in a jury trial until the jury is both impaneled and sworn. Alexander v. State, 279 Ga. 683, 685(2)(b) (620 S.E.2d 792) (2005); Teal v. State, 203 Ga.App. 440, 442(2) (417 S.E.2d 666) (1992); Geckles v. State, 177 Ga.App. 70, 71(1)(b) (338 S.E.2d 473) (1985).” Thomas v. State, 282 Ga.App. 522, 639 S.E.2d 531 (November 21, 2006). No error where jury not sworn until after preliminary instructions given. “The oath required by OCGA § 15-12-139 … need only be administered to the jury ‘prior to the presentation of any evidence.’ Gamble v. State, 141 Ga.App. 304(1), 233 S.E.2d 264 (1977).” But see Adams (February 8, 2010), above (oath administered at close of State’s evidence okay, absent showing of prejudice). Keller v. State, 271 Ga.App. 79, 608 S.E.2d 697 (December 1, 2004). “Although Keller contends that the record does not reflect that the jury was sworn, ‘[s]uch a record, without more, would not constitute reversible error.’ [Cit.] In this case, the trial court conducted a hearing to determine whether the jury had, in fact, been properly sworn. A juror in the case testified that he remembered receiving an oath with the other jurors while sitting in the jury box. He also testified that the oath was given after jury selection to the jurors who actually tried the case. Based on this testimony, the court found that the appropriate oath – the same one that the court had been giving for 23 years – had in fact been given. Because the record supports the trial court’s finding, this enumeration of error lacks merit.” Accord, Benton (July 9, 2007), above. Taylor v. State, 264 Ga.App. 665, 592 S.E.2d 148 (December 1, 2003). Failure to give jurors the proper oath prior to voir dire pursuant to OCGA § 15-12-132 is not reversible error where defendant fails to object. “‘[A] defendant may forfeit his right to a voir dire conducted under oath by failing to timely assert that right.’” Phillips v. State, 275 Ga. 595, 571 S.E.2d 361 (October 15, 2002). Trial judge varied from the statutory oath prescribed by OCGA § 15-12-139 on swearing the jury. Defendant waived the defect by failing to object until verdict was rendered. Note, however, that complete failure to swear the jury is not waivable. See also Taylor (December 1, 2003), above . AA. POLLING JURORS Jones v. State, 335 Ga.App. 591, 782 S.E.2d 489 (February 5, 2016). Rape and related convictions affirmed. No mistrial