People v. Honeycutt

*154Opinion

WRIGHT, J. *

Henry Honeycutt appeals from a judgment upon a jury conviction of first degree murder. (Pen. Code, §§ 187, 189.) He contends that the foreman of the jury was guilty of prejudicial misconduct which requires that we reverse the judgment. We agree. Although we need not reach defendant’s further contention that it was error not to suppress an extrajudicial confession; we nevertheless conclude for guidance of the trial court on retrial, if any, that such confession was extracted without compliance with the proscriptions of Miranda v. Arizona (1965) 384 U.S. 436 [16 L.Ed.2d 694,…