People v. Bennett

Citations

• 5 Cal. Unrep. 824
• 50 P. 703
• 1897 Cal. LEXIS 995

Syllabus

<p>Criminal Law—Second Appeal.—Under a Charge of Assault with intent to commit murder, defendant was convicted of the lesser offense of assault with a deadly weapon, and a new trial was granted him, for insufficient evidence. On a second trial he was convicted of the higher offense, and on his motion a new trial was granted on the sole ground that he had been twice put in jeopardy for the same offense. On appeal by the people the judgment was reversed because he did not plead former jeopardy. The trial court, on return of remittitur, pronounced judgment on the verdict. Held, that the supreme court could not, on appeal by defendant from such judgment, review its former decision.</p> <p>Criminal Haw.—Where the. Record on Appeal Discloses Sufficient Evidence to uphold a conviction, the judgment will not be disturbed.</p>