People v. Clark

Decided May 30, 1885

California Supreme Court · decided 1885-05-30

Santa Clara County, and from an order refusing a new trial. The defendant was convicted of the crime of burglary in the second degree. In support of his pleas of former conviction and once in jeopardy the defendant proved that under a former information for the same offense he had pleaded guilty, that his plea had been accepted, and that after taking testimony to determine the degree a verdict of guilty of burglary in the second degree was entered.

Good law ✅— No negative treatment on recordhow we know

Decided 1885-05-30

How this case has been cited

Cited by 3 later decisions — most recently December 1924

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court.

¶1The defendant pleaded not guilty as charged in the information; that he- had been previously convicted of the same offense, and also once in jeopardy. The jury found, upon the plea of not guilty, the defendant guilty of burglary in the second degree, and on the other pleas found in favor of the people. Inasmuch as the former information failed to charge the defendant with the commission of any crime, the court below was justified in instructing the jury that the pleas of former conviction and once in jeopardy could not be sustained. The evidence was sufficient to justify the verdict of guilty of burglary in the second degree.

¶2Judgment and order affirmed.