Napolitano

The district attorney of Los Angeles County filed an information in two counts charging, in Count I, that Frank Napolitano and Donald Frank Harris, the appellant *478 herein, committed the crime of robbery (Pen. Code, § 211) in that on or about March 7, 1958, they robbed Mary Ann Velasquez of $107.

Count II charged that Napolitano and Harris committed the crime of attempted robbery (Pen. Code, §§ 211, 664) on the same date in that they feloniously attempted to take from the person and possession of George Velasquez goods and personal property in his possession. It was also alleged in each count that at the time of the commission of this offense the defendants were armed with a deadly weapon, to wit, a .32 caliber automatic.

The defendants had a jury trial. The jury retired for deliberations at 10:10 a.m. on June 4th. Not having arrived at a verdict by late afternoon, the jury was sent to a local hotel for the night. Two deputy bailiffs were sworn to take charge of the jury in addition to two deputy sheriffs sworn previously. The jury returned to the courtroom on June 5th, and after deliberating from 8 :30 a.m. to 10:06 a.m. returned to the court with the verdicts finding…