People v. Superior Court

BRAY, J.

*

Petitioner, The People of the State of Cali

[91]

fornia, seeks a writ of mandate for appropriate relief from a judgment of the Superior Court of Butte County ordering judgment of acquittal of Egon V. Jonsson and Gert Jonsson, real parties in interest, who were defendants in the criminal action, to be entered on Count XIX of the indictment.

Questio3st Presented

Does the superior court have jurisdiction in a criminal case on a motion for judgment notwithstanding the verdict and, in the alternative, motion for new trial, to enter a judgment notwithstanding the verdict of the jury? In other words, does a motion for judgment notwithstanding the verdict lie in a criminal action ?

1

Record

The two Jonssons were charged in an indictment returned in the Superior Court of Butte County on a number of counts with violations of sections 25500-26104, subdivision (f), 26104, subdivision (a), Corporations Code; and sections 182, 476a, 484-487, Penal Code. A jury verdict found Egon V. Jonsson guilty on certain of the counts, one of which was Count XIX, and Gert Jonsson guilty on Count XXX (criminal conspiracy) with certain overt acts, one of which is detailed in Count XIX.

After the cause was referred to the probation officer for report, defendants filed a notice of motion for a judgment notwithstanding the verdict or, in the alternative, a motion for new trial as to Count XIX (grand theft), and the overt act in the charge of conspiracy against both defendants. On the hearing of the motion, the court ordered that judgment of acquittal notwithstanding the verdict be entered on Count XIX. Thereafter, probation was granted defendants, who did not appeal. However, the People have appealed from the order granting the judgment notwithstanding the verdict, and have petitioned this court for writ of mandate directing the respondent superior court to revoke the judgment notwithstanding the verdict and of acquittal and to either sentence defendant Egon V. Jonsson or grant him probation.