People v. Adame

Opinion

FRANSON, J.

Respondent was found guilty by a jury of second degree murder. He moved for a new trial on the ground of jury misconduct based on the fact that the alternate juror was present in the jury room for approximately one hour and forty minutes during the four and one-half hours of deliberation by the twelve regular jurors. The trial court concluded that under existing law such irregularity constituted prejudicial error and granted a new trial.

The facts are undisputed. The trial began on December 12, 1972. At 3:17 p.m. on December 14, the case was submitted to the jury for decision…