People v. Boulies

NEIGHBORS, Justice.

The People appeal the district court’s ruling and order granting the defendant’s motion for relief under Crim.P. 35(c). The district court ordered the defendant’s judgments of conviction vacated on the ground that the presence of an alternate juror in the jury room during jury deliberations violated the defendant’s constitutional right to a jury trial. The court further ordered that the defendant be retained in custody and that his retrial be promptly arranged. We vacate the order of the district court and remand for further proceedings.

I

On October 28, 1971, an information…