Hawley

Upon the trial of this case the defendant was found guilty of burglary in the second degree, and was sentenced to imprisonment in the state prison at Folsom for the term of three years; and from that judgment and an order denying his motion for a new trial he appeals.

Before the evidence was concluded the defendant moved the court for an order permitting the jury to view the premises alleged to have been entered. This motion was denied after an expression from the jury as to their wishes, nine of the jury responding that they did not wish to view the premises, two expressing a desire to view them, and the twelfth juror remaining silent. Afterwards, the evidence having been concluded, the jury were instructed by the court, and retired in charge of an officer to consider their verdict. After several hours deliberation, at the request of a juror, the court directed that the jury be brought in; and, having reported that they had not agreed upon a verdict, the following proceedings were had:

“ The Court. Gentlemen, I received a message from one of the jury with regard to viewing the premises. Do I understand that any of your number desire to view the premises before rendering a…