People v. Romero

I must respectfully dissent from an opinion which lets stand a conviction for a crime of which the jury found the accused not guilty.

I

In the courts of virtually all of our sister states and the federal circuits, juror affidavits are admissible to prove that a recorded verdict does not conform to the actual verdict agreed to by the jury after deliberations. This doctrine is so well settled that a complete listing of the *697cases so holding would fill a page.1 The legal writers are in accord with these decisions. (See, e.g., 8 Wigmore, Evidence (McNaughton rev.ed. 1961) § 2355, pp. 718-721; Model…