People v. Veitch

Opinion

MILLER, Acting P. J.

The sole issue in this case is whether a criminal defendant’s Fifth Amendment privilege against double jeopardy is violated when he is retried after the trial judge sets aside a jury verdict of guilty under the provisions of Penal Code section 1181, subdivision 6 1 (verdict contrary to law or evidence.).

On February 3, 1978, after a trial by jury, a verdict was rendered against appellant finding him guilty of burglary, forcible rape and rape by threats, assault with intent to commit rape, forcible oral copulation, acting in concert and being armed with a deadly…