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>