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eBook details

• Title: In re Mccartney
• Author : Supreme Court Of California In Bank
• Release Date : January 07, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

[64 Cal2d Page 831] TRAYNOR, C.J. Petitioner seeks a writ of habeas corpus on the ground that her pending trial in the Superior Court of Los Angeles County is barred by the prohibition against double jeopardy and by the statute of limitations. (Cal. Const., art. I, § 13; Pen. Code, § 800.) On November 14, 1961, the District Attorney of Los Angeles County filed an information in the superior court charging that petitioner committed murder on or about October 23, 1961. (Pen. Code, § 187.) She was convicted of second degree murder in a jury trial, but her conviction was reversed on appeal. (People v. McCartney, 222 Cal. App. 2d 461 [35 Cal. Rptr. 256].) On retrial she was convicted of voluntary manslaughter (Pen. Code, § 192), but this conviction was also reversed. (People v. McCartney, nonpublished opinion, District Court of Appeal, 2 Crim. 10410, Sept. 16, 1965.) Petitioner's third trial was set for January 19, 1966. At that time she moved that the information be dismissed, contending that her conviction of manslaughter was an acquittal of the charged murder and that the information could not be amended to charge manslaughter because the statute of limitations for manslaughter had run. The trial court denied her motion, but to avoid a possibly needless retrial granted a continuance while she sought relief on habeas corpus.

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