Bajo

People v. Bajo

Good Law
1963 Cal. App. LEXIS 2305·220 Cal. App. 2d 741·33 Cal. Rptr. 918
Court of Appeal of CaliforniaSeptember 27, 1963Crim. No. 8734California842 words

Opinion

Lead Opinion

Herndon, J.

Following a jury trial, defendants were convicted of the crime of kidnaping in violation of section 207 of the Penal Code and were committed to the Youth Authority. They have taken this appeal from the judgment of conviction and from the order denying their motions for new trial. Since said order is no longer an appealable order, the attempted appeal therefrom must be dismissed. (Pen. Code, §§ 1237,1466.)

By way of assignment of error, appellants assert that the verdicts rendered by the jury were “illegal” in that each verdict, in addition to the usual and proper finding of guilt, contained the following language: “The jury unanimously requests extreme leniency.”

The record reveals that trial of this action was commenced on May 22, 1962, when the selection of the jury was undertaken. The jury was accepted on May 24, 1962, and the presentation of evidence by the prosecution was commenced on that date. The jury was instructed on the morning of June 6, 1962, and retired to begin its deliberations at 9 :55 a.m. on that day. At noon the jury was taken to lunch and returned to resume its deliberations at 1:45 p.m. At 2:50 p.m. the jury advised the court through the bailiff that they…

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