gno.law

People v. Helbing

California Supreme Court · No. 10,685 · 1881-11-15 · Published · 59 Cal. 567

THE PEOPLE v. LOUIS HELBING

Area
criminal

Analysis

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Opinion

The Court:

The defendant pleaded not guilty and former acquittal. The jury returned a verdict of guilty, but did not find upon the plea of former acquittal. There must be a verdict upon that as upon the plea of not guilty, before there can be a judgment of conviction. (People v. Kinsey, 51 Cal. 279.)

The indictment is not for a misdemeanor, but for a felony, viz., an assault with a deadly weapon with intent to inflict great bodily injury; therefore the one-year bar does not apply to it.

Judgment and order reversed and cause remanded for a new trial.

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