People v. Helbing
California Supreme Court
Appeal from a judgment of conviction, and from an order denying an arrest of judgment and from an order refusing defendant a new trial in the Superior Court of the City and County of Sari Francisco. Freelon, J.
1Opinion of the Court
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.
2Cited by14 opinions
- People v. GreerCalifornia Supreme Court · 1947
- State v. SnyderSupreme Court of Missouri · 1904
- People v. GelardiCalifornia Court of Appeal · 1946
- People v. FrankCalifornia Court of Appeal · 1925
- State v. CrawfordIdaho Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.