Howard

The only point involved in defendant’s appeal from the final judgment and order denying his motion for a new trial is that the court erred in refusing to make an order granting defendant’s request that the jury be permitted to view the premises where the burglary with which defendant is charged was alleged to have been committed. Section 1119 of the Penal Code, provides: “When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which any other material fact occurred, it may order the jury to be conducted in a body, ... to the place, ...” It thus appears that the making of such order is a matter committed solely to the discretion of the court, and it is difficult to conceive of a case in which the facts would justify a reversal for an abuse of such discretion. “Sending a jury out to view premises, even when clearly within section 1119 of the Penal Code, is a hazardous proceeding, and frequently leads to difficulties, and it would be well for trial courts not to make use of the power therein given except in eases which seem to imperatively call for it.” (People v. Fitzpatrick, 80 Cal. 541 , [ 22…