Tucker

The defendant, E. H. Tucker, was indicted, tried, and convicted of the .crime of extortion in the county of San Joaquin, and sentenced to imprisonment in the state prison of the state of California at Folsom for the term of two and one-half years. He appeals from the judgment. A single question is raised on the appeal.

The plea of defendant Tucker to the indictment was: “1. That he is not guilty of the offense charged; 2. That he has heen once in jeopardy for the offense charged, to wit, on the 10th of January, 1896, in the superior court of the state of California, in and for the county of San Joaquin, in Department Ho. 1 of said superior court, before Hon. Joseph H. Budd, judge, and a jury in the said superior court, held in the city of Stockton, said county and state.”

At the trial the jury, after listening to the testimony of witnesses, and after being instructed by the court, rendered the following verdict: “We, the jury in the *338 above-entitled cause, find the defendant guilty of extortion as charged in the 'indictment.”

There was no finding by the jury upon the plea of “ once in jeopardy,” and, so far as appears, there was no evidence introduced or offered in support…