People v. Defoor

Citations

• 100 Cal. 150
• 34 P. 642
• 1893 Cal. LEXIS 761

Syllabus

<p>Criminal Law—Charge of Assault to Murder—Conviction of Assault Bar to Charge of Mayhem-ÍForher Conviction—Once in Jeopardy.—A conviction for an assault under an information charging an assault with intent to murder is a bar to a prosecution for mayhem committed during the assault, under a plea of a former conviction and once in jeopardy.</p> <p>Id.—One Offense Part of Another.—Where one offense is a necessary element in and constitutes an essential part of another offense, and both are in fact but one transaction, a conviction or acquittal of one is a bar to the prosecution for the other.</p>