Section 1046 of the Penal Code provides, “Trial juries for criminal actions are formed in the same manner as trial juries in civil actions.” Section 194 of the Code of Civil Procedure provides that juries shall consist of 12 persons, or any number less than 12 upon which the parties may agree in open court.
It must be noted that the Penal Code refers to criminal actions, not criminal defendants. There appears to be no authority for a separate jury for each defendant being tried in one action. In this instance there were two defendants and two juries. Would we be asked to approve of three juries if there were three defendants? Or more if there were multiple defendants?
I make these observations because of my reluctance to approve or encourage the use of multiple juries in one action without statutory authorization. Procedure is a vital part of criminal law. Judges must comply strictly with *1104the procedural requirements prescribed by the Legislature, and should be hesitant to improvise.
Having expressed my misgivings, I must concede with the majority that the trial in this instance was fairly conducted and that no prejudice to this defendant appears from the two-jury method or from the several other minor errors committed during the course of the proceedings.
Therefore I concur in the judgment.
Appellant’s petition for a rehearing was denied April 20, 1989, and the opinion was modified to read as printed above.