People v. Pollock

The defendant was charged with murder of the second degree. He was twice convicted of manslaughter. The first judgment was reversed for failure to prove the venue of the crime. (People v. Pollock, 26 Cal. App. (2d) 602 [80 Pac. (2d) 106].) The defendant failed to plead former acquittal of the higher offense of murder. But respective counsel erroneously conceded he could not be convicted of an offense higher than manslaughter. The second jury, therefore, again found him guilty of manslaughter. The defendant made a motion for a new trial. The determination of that motion was delayed for…