Opinion
Department Two
Appeal from a judgment of conviction, and from an order denying an arrest of judgment and from an order refusing defendant a new trial in the Superior Court of the City and County of San Francisco. Freelon, J.
COUNSEL
R. Percy Wright, for Appellant.
A. L. Hart, Attorney General, for Respondent.
OPINION
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.