Rodriguez v. Superior Court

The object of this proceeding is to prevent the respondent court from retrying petitioner on a criminal charge of which he allegedly has been acquitted. Petitioner was tried on an information containing two counts, the first charging statutory rape, and the second accusing him of contributing to the delinquency of the minor involved in count one in violation of section 702 of the Welfare and Institutions Code. He was found not guilty of rape and of the included offense of attempted rape. The jury disagreed on the charge of violating section 702, and petitioner seeks to restrain the court from…