People v. Helbing

California Supreme Court

People v. Helbing

59 Cal. 567

CourtCalifornia Supreme Court

DecidedNovember 15, 1881

DocketNo. 10,685

StatusPublished

Cited by14 cases

This text of 59 Cal. 567 (People v. Helbing) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Helbing, 59 Cal. 567 (Cal. 1881).

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Opinion

The Court:

The defendant pleaded not guilty and former acquittal. The jury returned a verdict of guilty, but did not find upon the plea of former acquittal. There must be a verdict upon that as upon the plea of not guilty, before there can be a judgment of conviction. (People v. Kinsey, 51 Cal. 279.)

The indictment is not for a misdemeanor, but for a felony, viz., an assault with a deadly weapon with intent to inflict great bodily injury; therefore the one-year bar does not apply to it.

Judgment and order reversed and cause remanded for a new trial.

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The Court:

The defendant pleaded not guilty and former acquittal. The jury returned a verdict of guilty, but did not find upon the plea of former acquittal. There must be a verdict upon that as upon the plea of not guilty, before there can be a judgment of conviction. (People v. Kinsey, 51 Cal. 279.)

The indictment is not for a misdemeanor, but for a felony, viz., an assault with a deadly weapon with intent to inflict great bodily injury; therefore the one-year bar does not apply to it.

Judgment and order reversed and cause remanded for a new trial.

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Bluebook (online)

59 Cal. 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-helbing-cal-1881.

Opinion

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