Solani

Defendant was convicted of the crime of manslaughter upon an information charging murder. He appealed from the judgment of conviction to this court, and a new trial was ordered. (People v. Solani, 2 Cal. App. 225, [ 83 Pac. 281 ].) At his second trial he was tried upon the original information. He was not again arraigned, and the trial proceeded without further plea of the defendant than his original plea of “not guilty.” After the cause had been argued to the jury and as the court was about concluding its instructions, counsel for defendant asked leave to interpose a plea of once in jeopardy, and former acquittal, and also asked the court to instruct the jury upon the theory of once in jeopardy. The plea offered was defective in failing to state where the judgment of conviction was rendered, as required by subdivision 3, section 1017, of the Penal Code. The court declined to allow the reading of the instructions to be interrupted and stated that it would later consider the offer of defendant. At the conclusion of the reading the matter was again brought before the court. It appears that at the opening of the trial it was agreed between the district attorney and defendant’s…