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PEOPLE v. VEITCH

Docket No. 21372.

128 Cal.App.3d 460 (1982)

180 Cal. Rptr. 412

THE PEOPLE, Plaintiff and Respondent, v. MITCHELL GEORGE VEITCH, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

February 3, 1982.

Attorney(s) appearing for the Case

COUNSEL

M. Jean Starcevich and Robert L. Mezzetti for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Ann K. Jensen and Stan M. Helfman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MILLER, Acting P.J.

The sole issue in this case is whether a criminal defendant's Fifth Amendment privilege against double jeopardy is violated when he is retried after the trial judge sets aside a jury verdict of guilty under the provisions of Penal Code section 1181, subdivision 61 (verdict contrary to law or evidence.).

On February 3, 1978, after a trial by jury, a verdict was rendered...

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