People v. Hill

Jan 31, 1905
Crim. No. 1174.
Reporters:
, ,
Before:
McFarland
McFARLAND, J.

Defendant was charged in the information with a felony,—to wit, an attempt to bribe a witness, contrary to the ‍​‌​​​‌​​​​​​‌‌‌‌‌​​‌‌​​‌‌‌‌​‌​​​​‌‌​‌‌​​‌‌‌​​​​​​​‌​​​‌‌​‌​​‌‌‌​‌‌​​‌‌​‌‌​​​‌‌​​​​‌​‌‌‌​​​‌‌​​​‌‍provisions of section 137 of the Penal Code. The defendant pleaded not guilty; a trial was had on the issue; evidence was introduced by both parties, and after it was all in and the parties had rested, the court advised ‍​‌​​​‌​​​​​​‌‌‌‌‌​​‌‌​​‌‌‌‌​‌​​​​‌‌​‌‌​​‌‌‌​​​​​​​‌​​​‌‌​‌​​‌‌‌​‌‌​​‌‌​‌‌​​​‌‌​​​​‌​‌‌‌​​​‌‌​​​‌‍and directed the jury to find for defendant upon the ground that the evidence was not sufficient to warrant a conviction. Thereupon the jury rendered a verdict of not guilty. The people appeal from the order advising and directing the ‍​‌​​​‌​​​​​​‌‌‌‌‌​​‌‌​​‌‌‌‌​‌​​​​‌‌​‌‌​​‌‌‌​​​​​​​‌​​​‌‌​‌​​‌‌‌​‌‌​​‌‌​‌‌​​​‌‌​​​​‌​‌‌‌​​​‌‌​​​‌‍jury to acquit.

The respondent was tried on a valid information, in a court of competent jurisdiction, and was acquitted by the verdict of the jury. “Jeopardy” therefore attached, and respondent cannot again be tried for the said alleged crime. ‍​‌​​​‌​​​​​​‌‌‌‌‌​​‌‌​​‌‌‌‌​‌​​​​‌‌​‌‌​​‌‌‌​​​​​​​‌​​​‌‌​‌​​‌‌‌​‌‌​​‌‌​‌‌​​​‌‌​​​​‌​‌‌‌​​​‌‌​​​‌‍Under these circumstances, and as held in prior decisions of this court, it would be a vain thing to consider the general questions discussed by appellant. (People v. Horn, 70 Cal. 17; People v. Roberts, 114 Cal. 67; People v. Terrill, 132 Cal. 497.) In the eases just cited the orders appealed ‍​‌​​​‌​​​​​​‌‌‌‌‌​​‌‌​​‌‌‌‌​‌​​​​‌‌​‌‌​​‌‌‌​​​​​​​‌​​​‌‌​‌​​‌‌‌​‌‌​​‌‌​‌‌​​​‌‌​​​​‌​‌‌‌​​​‌‌​​​‌‍from were affirmed, and we will follow that course here.

The order apealed from is affirmed.

Lorigan, J., and Henshaw, J., concurred.