Opinion
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial.
COUNSEL:
E. D. Edwards, and R. H. Ward, for Appellant.
Attorney-General Johnson, for Respondent.
JUDGES: In Bank. Paterson, J., and McFarland, J., dissented.
OPINION
THE COURT [16 P. 490] There was no misconduct of the jury in this case. It never separated.
When the jury went to view the premises, the judge of the court should have gone along with them. It was the right of defendant to have the judge accompany the jurors when they went to take this view. As the judge did not do this, the judgment and order denying a new trial must be reversed, and the cause remanded, that a new trial may be had.
Ordered accordingly.