Majority
p. 567[No. 10,685. Department Two.] THE PEOPLE v. LOUIS HELBING.
Headnote
Assault with a Deadly Weapon—Verdict.—The defendant was indicted for an assault with a deadly weapon with intent to inflict great bodily injury; and pleaded not guilty and a former acquittal. The jury found a verdict of guilty.Held: There must be a verdict upon both issues before there can be a judgment of conviction.
Id.—Statute of Limitations—Misdemeanor—Felony.—The one year’s bar does not apply to the offense charged.
Appeal from a judgment of conviction, and from an order denying an arrest of judgment and from an order refusing defendant a new trial in the Superior Court of the City and County of Sari Francisco. Freelon, J.
B. Percy Wright, for Appellant.
A. L. Hart, Attorney General, for Respondent.
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.