People v. Britton

4 Cal.2d 622 (1935) THE PEOPLE, Respondent,

v.

FLOYD C. BRITTON et al., Defendants; LINDEN PARKER et al., Appellants.

Crim. No. 3904. Supreme Court of California. In Bank.

November 26, 1935. K. R. Jensen for Appellants.

U.S. Webb, Attorney-General, and Eugene M. Elson, Deputy Attorney- General, for Respondent.

WASTE, C.J.

Upon due consideration of this cause, after transfer from the District Court of Appeal of the Second Appellate District, Division Two, we are of the view that the decision and judgment of that court correctly disposes of the question involved. As noted in the opinion of Mr. Justice pro tem, Fricke (Cal.App.) [45 PaCal.2d 368], the identical question was decided by the District Court of Appeal of the Second Appellate District, Division One, a few months ago. We are of the view that that opinion (People v. Bruneman, 4 Cal.App.2d 75 [40 PaCal.2d 891]), written by Mr. Presiding Justice Conrey, now an Associate Justice of this court, thoroughly presents the situation and determines the question. On the authority of that decision, on which the District Court of Appeal rested the present decision, we believe that further consideration by this court is unnecessary. [623] We therefore adopt the opinion of Mr. Justice Fricke, supra, as follows:

"Appellants were found guilty of robbery, and kidnaping for the purpose of robbery. In view of the necessity of reversing the convictions for the cause hereinafter stated, there is no occasion to decide other points involved, as they present no questions of law which are not well settled. Neither does it appear that these questions will necessarily arise upon a retrial of the cause."

[1] "Appellants claim reversible error because when the jury retired to deliberate the court directed that the alternate juror should retire to the juryroom with the jury, and that this was error even though the court instructed such alternate juror that while she might listen to the deliberations of the jury, she should not express any opinion or participate by word or action in those deliberations."