People v. Arnett

The defendant was tried upon an information charging assault with intent to commit murder. He was convicted of the crime of assault with a deadly weapon. Upon appeal to this court it was held that the verdict was a nullity, as the offense of which the defendant was convicted was not an offense included within the information upon which he was tried. (People v. Arnett, 126 Cal. 680.) Upon the second trial the defendant was convicted of the offense charged in the information; but the court instructed the jury to find against him upon Ms plea of once in jeopardy and a former acquittal. He now…