People v. O'Leary

Citations

• 2 Cal. Unrep. 843
• 16 P. 884
• 1888 Cal. LEXIS 990

Syllabus

<p>Criminal Law — Plea of Former Acquittal.—Deering’s Penal Code of California, section 1017, provides that a plea must be entered upon the minutes of the court in substantially the following form: “(3) If he plead a' former conviction or acquittal: ‘The defendant pleads that he has already been convicted [or acquitted] of the offense charged by the judgment of the court of,’ ” etc. “(4) If he plead once in jeopardy: ‘The defendant pleads that he has been once in jeopardy for the offense charged [specifying the time, place, and court].’ ” Defendant asked to have entered, as a plea of former acquittal: “Defendant pleads that he has already been acquitted of the offense charged by the judgment of this court, rendered at this courtroom on the fourteenth day of February, 1887, when defendant’s demurrer to plaintiff’s information was sustained by the court, and said court then and there or at any time failed to render its opinion that the objection to said demurrer could ever be cured by filing a new information.” Held a sufficient plea of former acquittal.1</p> <p>Criminal Law—Plea of Former Jeopardy.—Defendant asked to have entered, as a plea of once in jeopardy: “Pleads, further, that he has been once in jeopardy, he having on the - day of January, 1887, been placed on trial for the offense now alleged in the information before the justice court of Cache Creek township and a jury, which court was a competent court, and which jury was a competent jury; and witnesses against defendant were sworn before said jury, and, before the final submission of said matter to said jury, the jury was discharged, against the objection of the defendant.” Held, a sufficient plea of once in jeopardy.</p> <p>Criminal Law—Failure of Clerk to Enter Plea Properly.—The failure of the clerk to make the entry as fully as he ought to have done could not prejudice defendant.</p> <p>Criminal Law—Pleas—Verdict.—Defendant entered three pleas: First, not guilty; second, a former acquittal; third, onc