People v. Gilmore

Mr. Oh. J. Murray

delivered the opinion of the Court.

Mr. J. Heydeneeldt concurred.

The appellant was indicted for murder.

On the trial, the jury rendered a verdict of guilty of manslaughter, which was afterwards set aside on the prisoner’s motion, and a new trial ordered.

On the second arraignment of the prisoner upon the indictment, he pleaded a former acquittal.

The questions presented are:

1st. The prisoner having been convicted of manslaughter, can he, on a second trial, be compelled to answer to the charge of murder? And,

2d. Admitting that he cannot, whether the prisoner can be again tried for…