March

Mr. Justice Heydenfeldt concurred.

The appellant was convicted by the District Court of Shasta county of the crime of murder, in 1855; an appeal was taken, and the judgment of the Court below was reversed, and a new trial ordered. After the remittitur had been filed in the Court below, the indictment under which the conviction was had was, on motion of the District Attorney, set aside, because of certain irregularities in the summoning and empanneling the grand jury which found it. A pew indictment'having been found by a subsequent grand jury, appellant was again put upon his trial for the murder of said Timmons.

The cause being submitted to* a jury, a verdict of guilty was returned, upon which the Court entered judgment.

It is contended by the appellant, first, that the defendant was entitled to be discharged upon the dismissal of the former indictment, and that the trial and subsequent proceedings were in violation of that clause of our Constitution, which provides that “ no person shall be twice put in jeopardy for the same offence.” This provision was never intended to apply to cases in which a judgment of conviction was reversed in the appellate Court, and a new trial…