People v. Maes

Defendants are husband and wife. They visited a San Francisco department store. When they left, Mrs. Maes carried two dresses for which neither of them had paid. They were charged with conspiracy to commit petty theft. Although a jury found them guilty of the charged felony, they were admitted to probation on condition that each serve time in county jail. Both appeal.

Twelve jurors were selected and sworn just before the noon recess. Early in the afternoon session, a woman juror made audible comments. She interrupted one answer by the witness. Recess was taken and the talkative juror was…