PEOPLE v. SMITH

Docket No. Crim. 21893.

33 Cal.3d 596 (1983)

659 P.2d 1152

189 Cal. Rptr. 862

THE PEOPLE, Plaintiff and Appellant, v. GLORIA ELIZABETH SMITH, Defendant and Respondent.

Supreme Court of California.

March 21, 1983.


Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, District Attorney, Harry B. Sondheim, Donald J. Kaplan and Richard W. Gerry, Deputy District Attorneys, for Plaintiff and Appellant.

Wilbur F. Littlefield, Public Defender, Dennis A. Fischer, Laurence M. Sarnoff, Jerry P. Gordon and Leighton A. Nugent for Defendant and Respondent.


OPINION

MOSK, J.

The sole issue to be determined here is whether the People may appeal from a legally erroneous dismissal based on a postmistrial plea of former jeopardy.

Defendant was tried on a charge of murder. (Pen. Code, § 187.) The court instructed the jury on the offenses of second degree murder and voluntary manslaughter, and gave the jury verdict forms of guilty and not guilty for each offense.

After...

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