From Casetext: Smarter Legal Research

People v. Kinsey

Supreme Court of California
Jan 1, 1876
51 Cal. 278 (Cal. 1876)

Opinion

         Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco.

         COUNSEL:

         Alexander Campbell and John Reynolds, for the Appellants.

         Charles N. Fox, for the People.


         OPINION          By the Court:

         The defendants were indicted for murder, and at the trial were convicted of manslaughter. A new trial was granted by the District Court on the defendants' motion, and at the second trial the defendants severally, in addition to the plea of not guilty, filed pleas of former acquittal. The jury on the second trial found the defendants guilty of manslaughter, but failed to find on the issues raised by the pleas of former acquittal, and were discharged without a verdict on these issues. A judgment having been entered against the defendants on the verdict convicting them of manslaughter, they have appealed from the judgment and from the order denying their motion for a new trial.

         The defendants contend that the failure of the jury to find upon the issue of former acquittal vitiated the entire verdict, and that no judgment could be entered upon it.

         Section 1151 of the Penal Code provides that " upon a plea of a former conviction or acquittal of the same offense" the verdict should be either " for the people" or " for the defendant." If there be a plea of " not guilty," and also a plea of a former conviction or acquittal, the defendant is entitled to a verdict on each plea, and until there is such a verdict, there can be no judgment of conviction.

         Judgment and order reversed and cause remanded for a new trial.


Summaries of

People v. Kinsey

Supreme Court of California
Jan 1, 1876
51 Cal. 278 (Cal. 1876)
Case details for

People v. Kinsey

Case Details

Full title:THE PEOPLE v. CHARLES KINSEY, NANCY E. KINSEY, WILLIAM W. DOW, ALEXANDER…

Court:Supreme Court of California

Date published: Jan 1, 1876

Citations

51 Cal. 278 (Cal. 1876)

Citing Cases

People v. Tucker

He was entitled to have both these pleas passed upon by a jury before judgment could properly be pronounced…

People v. Greer

He relies upon several early cases in which this court held that the mere failure of the jury to make a…