People v. Helbing
Cases that cite this one
12 later published cases cite this decision.
- People v. Kerm (Utah 1892)
- People v. Greer (Cal. 1947)
- People v. Gelardi (Cal. Ct. App. 1946)
- People v. Frank (Cal. Ct. App. 1925)
- State v. Crawford (Idaho 1919)
- Putman v. State (Okla. Crim. App. 1911)
- Ex Parte King (Cal. Ct. App. 1909)
- State v. Creechley (Utah 1904)
- State v. Kieffer (S.D. 1903)
- State v. Childers (Or. 1897)
- People v. Tucker (Cal. 1896)
- People v. O'Leary (Cal. 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant pleaded not guilty and former acquittal. The jury returned a verdict of guilty, but did not find upon the plea of former acquittal. There must be a verdict upon that as upon the plea of not guilty, before there can be a judgment of conviction. (People v. Kinsey, 51 Cal. 279.)
The indictment is not for a misdemeanor, but for a felony, viz., an assault with a deadly weapon with intent to inflict great bodily injury; therefore the one-year bar does not apply to it.
Judgment and order reversed and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.