People v. Brannigan

Citations

• 21 Cal. 337

Syllabus

<p>Wheke the jury in a criminal action, after having retired to deliberate upon their verdict, separate without permission of the Court, the irregularity is sufficient ground for setting aside a verdict of guilty rendered by them, unless it be shown affirmatively by the prosecution that the defendant was not prejudiced thereby.</p> <p>A verdict of guilty in a criminal action will not be set aside on a showing that a third person expressed in the presence of the jury, while they were deliberating upon their verdict, a wish that the defendant should be convicted, where the expression appears to have been a mere passing remark and not part of a conversation in which the jury engaged.</p>