People v. Fuqua
California Supreme Court
Appeal from a judgment of conviction, an order denying a new trial, and an order denying a motion in arrest of judgment, in the Superior Court of the County of Napa. Wallace, J.
1Opinion of the Court
The Court:
In People v. Kinsey, 51 Cal. 278, the Court said: “ If there be a plea of ‘ not guilty,’ and also a plea of former conviction or acquittal, the defendant is entitled to a verdict on each plea, and until there is such a verdict there can be no judgment of conviction;” and that case was followed in People v. Helbing, 8 P. C. L. J. 947.
In this case the defendant, in addition to the plea of not guilty, pleaded a former acquittal. The jury returned a verdict of manslaughter, and omitted to find upon the plea of former acquittal. The record does not disclose that the defendant withdrew or…
2Cases cited1 opinion
- People v. KinseyCalifornia Supreme Court · 1876
3Cited by18 opinions
- People v. GreerCalifornia Supreme Court · 1947
- In Re Application of HarronCalifornia Supreme Court · 1923
- People v. GelardiCalifornia Court of Appeal · 1946
- State v. GutkeIdaho Supreme Court · 1914
- People v. FrankCalifornia Court of Appeal · 1925
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