People v. Hunckeler
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The-defendant was indicted on the 10th day of February, 1874, for murder, alleged to have been committed by killing _Catherine Erni, at the City and County of San Francisco, on the 17th day of September, 1873. The defendant, when arraigned, pleaded a former acquittal, former jeopardy, and not guilty.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The-defendant was indicted on the 10th day of February, 1874, for murder, alleged to have been committed by killing _Catherine Erni, at the City and County of San Francisco, on the 17th day of September, 1873. The defendant, when arraigned, pleaded a former acquittal, former jeopardy, and not guilty. On the trial it was shown that, on the 15th day of December, 1873, the defendant was arraigned in said Court on an indictment charging him with the crime of manslaughter, committed Tjy having killed said…
1Opinion of the Court
By the Court, McKinstry, J.:
“No person shall be subject to be twice put in jeopardy for the same offense.” (Const. Art. I, Sec. 8.)
This language is more than the equivalent of “no person shall be twice tried for the same offense.” (1 Bishop, Cr. L. 1018, 5th ed.) A defendant is placed in apparent jeopardy when he is placed on trial before a competent Court and a jury empaneled and sworn. His jeopardy is real, unless it shall subsequently appear that a verdict could never have been rendered by reason of the death or illness of the Judge or a juryman, or that after due deliberation the jury…
2Cases cited1 opinion
- People v. WebbCalifornia Supreme Court · 1869
3Cited by32 opinions
- Paulson v. Superior CourtCalifornia Supreme Court · 1962
- State v. BirckheadSupreme Court of North Carolina · 1962
- People v. KrupaCalifornia Court of Appeal · 1944
- Cardenas v. Superior CourtCalifornia Supreme Court · 1961
- Jackson v. Superior CourtCalifornia Supreme Court · 1937
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