PEOPLE v. BRITTON (1935)

Appellants were found guilty of robbery, and kidnaping for the purpose of robbery. In view of the necessity of reversing the convictions for the cause hereinafter stated, there is no occasion to decide other points involved, as they present no questions of law which are not well settled. Neither does it appear that these questions will necessarily arise upon a retrial of the cause.

Appellants claim reversible error, because when the jury retired to deliberate, the court directed that the alternate juror should retire to the jury room with the jury, and that this was error, even though the court instructed such alternate juror that while she might listen to the deliberations of the jury, she should not express any opinion or participate by word or action in those deliberations.

Subsequent to the appeal herein, this identical question was decided in People v. Bruneman (Cal. App.) 40 P.(2d) 891, and we agree with the conclusions therein stated, that the presence of the alternate juror in the jury room while the jury was deliberating upon its verdict was reversible error.

The judgments are reversed.

FRICKE, Justice pro tem.

We concur: STEPHENS, P. J.; CRAIL, J.