People v. Ny Sam Chung

Citations

• 94 Cal. 304
• 29 P. 642
• 1892 Cal. LEXIS 678

Syllabus

<p>Criminal Law —Grand Larceny — Plea of Jeopardy —Dismissal of Charge of Petit 'Larceny after Trial. — A defendant charged with petit larceny, and tried upon the charge, is placed in jeopardy, even though the court, believing him to have been guilty of grand larceny, refuses to render a judgment and dismisses the action of its own motion; and such trial is a bar to a subsequent prosecution against him upon a charge of grand larceny involving the same facts.</p> <p>Id. — Jeopardy not Affected by Lapse or Error — Bar to Prosecution of Higher Charge Including Lower. — When an indictment is sufficient, and the proceedings thereon are regular, before a tribunal having jurisdiction, down to the time when the jeopardy attaches, there can he no second jeopardy allowed in favor of the prosecution on account of any lapse or error at a later stage; and a former conviction or acquittal of a minor offense is a bar to a prosecution for the same act charged as a higher crime, whenever the defendant on the latter might he legally convicted of the former had there been no other prosecution.</p>