People v. Herbert

This appeal comes to us on petition for a hearing after decision by the District Court of Appeal, Second District, Division One, Houser, P. J., and York, J., sponsoring the majority opinion. A carefully prepared and exhaustive dissenting opinion by Roth, J., pro tempore, was filed, in which many of the decision's of the state bearing upon the question as to what facts are essential to constitute double jeopardy within the meaning of article I, section 13, state Constitution, and the provisions of sections 687, 1023 and other sections of the Penal Code pertinent to the subject, are reviewed.…