Hudson

On a former appeal in this action the court reversed the judgment, and also reversed an order denying defendant’s motion for a new trial. (People v. Hudson, 86 Cal. App. 497 [ 260 Pac. 887 ].) The defendant having been convicted a second time, he now appeals from the second judgment and from an order denying his motion for a new trial.

The points on appeal are: (a) That this court on the former appeal did not remand the cause to the lower court for a new trial, and that therefore the court erred in proceeding with the trial of the action a second time; (b) that the defendant entered a plea of once in jeopardy, and that the jury did not pass upon that plea; (c) that defendant was erroneously convicted of second degree robbery in this, that the information disclosed a charge of first degree robbery and that the evidence proved that the guilty parties were armed with rifles, and that therefore they could not have been guilty of any offense other than first degree robbery; (d) that the evidence is not sufficient to justify the verdict.

There is no merit in any of these contentions of appellant. A judgment of this court reversing an order denying a motion for a new trial is, in…