Thomas

Nelson Claude Thomas appeals from an order admitting him to probation after a jury found him guilty of grand theft in the taking of property from the person of another (Pen. Code, § 487, subd. 2).

Appellant contends that the court erred in denying a motion for mistrial when it developed that, after the jury had been impaneled but before the taking of testimony began, four jurors read a newspaper story which had identified the case by name and related that a codefendant had pleaded guilty and been sentenced. The press story is set out below:

When the article was brought to the court’s attention, the jurors were questioned separately in chambers. Eight jurors had not seen the article, but four (Flowers, Erickson, Musetti and Garcia) had. All four had recognized that the article referred to the casé which they had been sworn to try and remembered the statement that a codefendant had pleaded guilty.

Flowers acknowledged that, although she did not think she had been influenced, she might have some hesitancy “with the other one pleading guilty.” But in response to the court’s questions, she acknowledged that newspaper articles are not always correct and undertook to take the…