People v. Helbing
THE PEOPLE v. LOUIS HELBING
- Area
- criminal
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
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.
Cited by
- People v. Greer Crim. 4792 · 1947-09-17
- People v. Gelardi Crim. 2405 · 1946-12-31
- People v. Frank Docket No. 1293. · 1925-11-03
- Ex Parte King Crim. No. 92. · 1909-03-19
- People v. Tucker Crim. No. 178 · 1896-12-17
- People v. O'Leary No. 20,358 · 1888-02-29