People v. Smith

Opinion

MOSK, J.

The sole issue to be determined here is whether the People may appeal from a legally erroneous dismissal based on a postmistrial plea of former jeopardy.

Defendant was tried on a charge of murder. (Pen. Code, § 187.) The court instructed the jury on the offenses of second degree murder and voluntary manslaughter, and gave the jury verdict forms of guilty and not guilty for each offense.

After approximately three days of deliberating, the jury reported that it was unable to reach a unanimous verdict disposing of both offenses. The foreman handed the judge a note that stated: “We,…