Stafford

Defendant appeals from a judgment entered upon a jury verdict finding him guilty of first degree robbery (Pen. Code, § 211), assault (Pen. Code, § 245), and conspiracy to commit robbery (Pen. Code, § 182, subd. 1). His essential contention on appeal is that the trial judge exceeded his jurisdiction in refusing to comply with a request by the jury for the rereading of certain testimony. He also contends that the court erred in denying a motion to suppress certain evidence on the ground it was acquired by virtue of an unreasonable and illegal search and seizure. None of these contentions has merit. Therefore, we must affirm the judgment.

On the fourth day of the trial at 2:08 p.m., the jury retired for deliberations. At 10:25 p.m. the judge instructed the bailiff to inquire of the jury if there was a possibility that they could reach a verdict. The bailiff was advised by a juror that they could not answer yes or no. At 11 p.m. the trial judge advised counsel for the People and defendant, in the latter’s presence, that he had been informed by the bailiff that the jury desired that the testimony of one or two witnesses be read. The judge stated that there were no provisions…