If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense.
Cal. Penal Code § 1021
Plea
Applied in 5 court decisions — leading case 64 Cal. App. 2d 592 - People v. Krupa (1944)
Most recently applied in 71 Cal. App. 2d 181 - People v. Dreyer (October 1945)
Amended by Stats. 1951, Ch. 1674.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.