Opinion
Appeal from the District Court of the Second Judicial District, Butte County.
The defendant was indicted for the crime of murder, and was tried, the jury returning a verdict of " guilty as charged in the indictment." The defendant moved for a new trial, which was granted. At the second trial he presented the plea of former jeopardy, and in support of it offered in evidence the record of the first trial. The evidence was rejected. He was then tried and convicted of murder in the second degree. A new trial having been denied him, he appealed.
COUNSEL:
J. C. Gray, for Appellant, referred to Shepard v. People , 25 N.Y. 418.
Attorney-General Hamilton, for the People, cited People v. Marquis , 15 Cal. 38; People v. Campbell , 40 Cal. 129.
JUDGES: Neither Mr. Chief Justice Wallace nor Mr. Justice Niles expressed an opinion in this case.
OPINION
THE COURT
The record of the proceedings at the previous trial would not have established the former jeopardy of defendant. The evidence was, therefore, properly rejected. (State of Iowa v. Redman, 17 Iowa 329.)
Judgment and order affirmed. Remittitur forthwith.