Opinion
In Bank.
On application for hearing in Supreme Court.
Denied.
For opinion in District Court of Appeal, see 12 P.2d 158. Appeal from Superior Court, San Bernardino County; G. K. Scovel, judge.
Joseph Seymour, of Riverside, and R. E. Hodge, of San Bernardino, for appellant.
U.S. Webb, Atty. Gen., and John D. Richer, Dep. Atty. Gen., for the People.
PER CURIAM.
The petition is denied. However, we withhold our approval of that portion of the opinion which appears to hold that it is within the discretion of the trial judge to permit a juror to impeach his verdict, either by affidavit or oral testimony, in a case other than where a juror has been induced to consent to a verdict by a resort to chance. Section 657, subdivision 2 of the Code of Civil Procedure prescribes the only instance in which such a procedure is permissible.