People v. Gilbert

Citations

• 57 Cal. 96

Syllabus

<p>Verdict—Jury Trial—Criminal Practice.—On the trial of an indictment, the jury brought in a verdict of guilty, written upon a piece of paper which the foreman handed to the clerk, who read it to the jury, and the jurors all agreed that it was their verdict. The verdict was not recorded in the minutes until after the discharge of the jury. Held, that the omission to record the verdict before reading it to the jury did not affect the validity of the judgment of conviction; and that a new trial asked on that ground was properly denied.</p> <p>Id.—Id.—Id.—Sharpstein, J., dissenting, was of the opinion, that § 1164 of the Penal Code requires the verdict to be recorded before reading it to the jury, and before their discharge, and that the failure to do so was a material error.</p>