THE PEOPLE v. LOUIS HELBING

[No. 10,685. Department Two.] THE PEOPLE v. LOUIS HELBING. Assault with a Deadly Weapon—Verdict.—The defendant was indicted for an assault with a deadly weapon with intent to inflict great bodily injury; and pleaded not guilty and a former acquittal. The jury found a verdict of guilty. Held: There must be a verdict upon both issues before there can be a judgment of conviction. Id.—Statute of Limitations—Misdemeanor—Felony.—The one year’s bar does not apply to the offense charged. 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 Sari Francisco. Freelon, J. B. Percy Wright, for Appellant. A. L. Hart, Attorney General, for Respondent. [MAJORITY — The Court:] 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.