People v. Hawley

In People v. Hawley (1896) 111 Cal. 78, defendant requested during trial that the jury be permitted to view the scene of the crime. The request was denied, and the matter was ultimately submitted to the jury for decision. The jury thereafter indicated that they were unable to reach a verdict and requested that they be allowed to view the premises in question. The Supreme Court noted that "though such proceeding is an irregularity," it would have been within the discretion of the trial court to grant the jury's request, since the defendant had "asked for such order at the proper time before the close of the evidence, . . ." ( People v. Hawley, supra, at pp. 84-85.)