Does an alternate juror's presence in the jury room during the deliberations of the jury affect the outcome of the trial?

California, United States of America


The following excerpt is from People v. Valles, 154 Cal.Rptr. 543, 24 Cal.3d 121, 593 P.2d 240 (Cal. 1979):

Nor was Bruneman adopted by this court without dissent. "No possible injury was sustained by the defendant by reason of the presence in the jury room of the alternate juror during the deliberations of the jury. It is presumed that she obeyed the instructions of the court, and if so, the verdict was not in any way influenced by her or by her presence in the juryroom during the deliberations of the jury. . . . It may have been error to permit the alternate juror to be present during the deliberations of the jury, but as the defendant sustained no injury thereby, the judgment should not be reversed for such error." (People v. Britton, supra, 4 Cal.2d at pp. 623-624, 52 P.2d 217, 217-218 (Curtis, J., dis.).)

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