An issue of fact arises:
1. Upon a plea of not guilty.
2. Upon a plea of a former conviction or acquittal of the same offense.
3. Upon a plea of once in jeopardy.
4. Upon a plea of not guilty by reason of insanity.
Cal. Penal Code § 1041
The Mode of Trial
Applied in 4 court decisions — leading case 27 Cal. App. 3d 660 - People v. Ramirez (1972)
Most recently applied in People v. Bell (October 2015)
Amended by Stats. 1949, Ch. 1314.
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.