People v. Helbing
Citations
- 61 Cal. 620
- 1882 Cal. LEXIS 675
Syllabus
<p>Once in Jeopabdy—Formeb Acquittal—Assault with Deadly Weapon —Battery—Appeal.—Upon the trial of an information for assault with a deadly weapon with intent to commit bodily injury, the defendant was convicted of battery, and upon appeal the judgment was reversed and cause remanded for a new trial. At the second trial the defendant pleaded, in addition to his plea of not guilty, the pleas of former acquittal of the offense charged, and twice in jeopardy for the same offense, and these pleas were found against him by the jury, under the instructions of the Court.</p> <p>Held: Battery includes assault, but assault does not include battery, and the defendant therefore could not be convicted of the latter offense under the information; and such a conviction, especially when set aside on the motion of the defendant himself, constituted no ■ bar to a second trial, upon the same indictment or information.</p>
Judges: McKee
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13 cases in this archive cite this case.
- People v. ColtrinCalifornia Supreme Court· 1936-03-18· cited 69×
- People v. AmmermanCalifornia Supreme Court· 1897-09-04· cited 68×
- People v. MurrayMichigan Supreme Court· 1891-12-22· cited 61×
- People v. YeatsCalifornia Court of Appeal· 1977-02-07· cited 42×
- State v. Di GiosiaSupreme Court of New Jersey· 1950-01-09· cited 31×
- People v. MuellerCalifornia Court of Appeal· 1956-12-27· cited 21×
- People v. CandelariaCalifornia Court of Appeal· 1957-09-18· cited 21×
- Johnson v. StateDistrict Court of Appeal of Florida· 1969-10-03· cited 17×
- Greene v. City of GulfportSupreme Court of Florida· 1958-06-11· cited 16×
- People v. ToddCalifornia Court of Appeal· 1969-11-06· cited 5×
- State v. CottonSouth Dakota Supreme Court· 1915-12-01· cited 5×
- Ex parte TorresSupreme Court of Puerto Rico· 1906-06-25
- People v. LlaugerSupreme Court of Puerto Rico· 1908-06-12
Cites
1 case in this archive is cited by this case.
Other cases named People v. Helbing
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