This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... 98, 99, holding plea bad, unless both persons were killed by same act and volition; State v. Caddy, 15 S. Dak. 170, acquittal under indictment charging an assault with deadly weapon is no bar to conviction for robbery on same person. Distinguished in People v. Defoor, 100 Cal. 155, holding conviction for assault with intent to murder a bar to prosecution for mayhem committed during such assault. Trial and conviction may be had for murder, notwithstanding their imprisonment for life on another charge, p. 148. To same effect in People v. Flynn, 7 Utah, 382, sustaining sentence for crime committed during defendant"s escape from imprisonment for prior charge; Meagher v. Sprague, 31 Wash. 549, superior court has jurisdiction to remove from penitentiary one under sentence, for purpose of trying him on another charge. Once in Jeopardy.--New Trial is not grantable on plea of former conviction, p. 148. To same effect in People v. Smith, 121 Cal. 358, 359, as to retrial upon disagreement as to general plea where verdict for state on plea of jeopardy. Accessory.--Instructions respectively held properly given and refused, p. 149. Cited in People v. Reefer, 65 Cal. 233, on point that accessory before fact to robbery is guilty of murder committed therein, although not personally present. 65 Cal. 150-154. LEAHY v. SOUTHERN PACIFIC RAILROAD COMPANY. Jury may be Summoned from body of county, on order of court, without being drawn, when no jury drawn or summoned for court session, p. 151. To same effect in Levy v. Wilson, 69 Cal. 11l, sustaining special venire to complete grand jury under facts. Nonsuit Should be Denied where plaintiff"s evidence justifies submission to jury, p. 151. To same effect in Franklin v. Motor etc. Co., 85 Cal. 69, holding nonsuit properly denied ...