People v. Collins

Qpinion

WRIGHT, C. J.

Alvin Leon Collins was convicted by a jury of three counts of first degree robbery. (Pen. Code, § 211.) After the jury had begun its deliberations an alternate juror was substituted for one of the original jurors. Defendant appeals from the judgment of conviction contending that the substitution violated his constitutional right to trial by jury; that the trial court erred in discharging the original juror merely because she claimed she was unable to perform her duty; and that the substitution without apparent legal necessity or his consent placed him twice in jeopardy, We…