Ham

People v. Ham

Bad Law

1970 Cal. App. LEXIS 2213·7 Cal. App. 3d 768·86 Cal. Rptr. 906

Court of Appeal of CaliforniaMay 20, 1970Crim. 7577California5,842 words

Opinion

Molinari, J.

Defendant appeals from a denial of his motion for a new trial and from a judgment entered pursuant to a jury verdict convicting defendant of armed robbery and assault with a deadly weapon. He makes several contentions. We shall separately discuss each contention and the facts pertinent thereto.

Double Jeopardy

Pursuant to an amended indictment defendant was charged with armed robbery (violation of Pen. Code, § 211) in count one, assault with a deadly weapon (violation of § 245, subd. (b)) in count two, and with attempted murder (violation of §§ 667 and 187) in count three. A jury trial commenced on June 24, 1968 in which the trial court determined that the jurors were unable to agree upon a verdict. The jury was discharged and the cause was reset for trial. Prior to the commencement of the second trial defendant moved to dismiss counts two and three on the grounds of former jeopardy. The motion was denied. The jury, in the second trial, found defendant guilty of counts one and two and not guilty of count three.

Defendant argues that his retrial was violative of his rights against double jeopardy in that the trial court erred in prematurely discharging the juiy in the…

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Parties

The PEOPLE
Plaintiff
DENNIE LEE HAM
Defendant

Judges

Molinari

Cites (62)

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199 Cal. App. 2d 866
229 Cal. App. 2d 781
215 Cal. App. 2d 627
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10 Cal. 2d 350
58 Cal. 2d 1
14 Cal. Rptr. 657
66 Cal. 2d 459
<em> Huff, 255 </em> Cal. App.2d 443, 447
235 Cal. App. 2d 45
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221 P.2d 117
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253 Cal. App. 2d 519
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380 U.S. 609
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60 Cal. 2d 460
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265 Cal. App. 2d 775
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66 Cal. 2d 695