delivered the opinion of the court:
Cliffоrd Holcomb was convicted of burglary in the criminal court of Cook county. He wаs sentenced to the penitentiary for one year to life, and seeks revеrsal by this writ of error.
Holcomb has assigned several errors which, he claims, justify a revеrsal, but we deem it necessary to cоnsider only one. During the course of the triаl, the State’s attorney offered five exhibits for identification. These consisted of a wrist-watch and ring which were in the safe аlleged to have been burglarized, the lоck from the door through which the alleged burglar is supposed to have enterеd the premises, a key ring containing, among others, a key to fit that lock, and finally another key, also fitting the lock, which was supposed to have been found in defеndant’s car. These exhibits were never admitted in evidence but the trial judge permittеd the jury, over Holcomb’s objection, to take them to the jury room during its deliberatiоns. The propriety of this ruling was raised by Holсomb in his motion for new trial which alleged that the verdict was contrary to the law аnd evidence, and thus the question has beеn preserved for review. •
Even when properly admitted in evidence, exhibits entrustеd to a jury at times give the party producing them such a distinct advantage that this cоurt has held it to be within the discretion of the triаl judge to refuse to permit the jury to takе them to the jury room. (People v. Cheney,
The judgment is reversed and the cause is remanded for a new trial.
Reversed and remanded.