People v. Wynn

California Court of Appeal Mar 24, 1939 No. Crim. No. 377Published

Before: Marks

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Holding. The court dismissed the appeal as moot because the defendant had already been charged by information, entered pleas, and been tried for the same offense, precluding a second trial.

Issues

Whether the appeal of an order quashing an indictment is moot when the defendant has subsequently been charged by information and tried for the same offense.

Disposition. Dismissed

Quotations verified verbatim against the opinion

“This renders all questions on this appeal moot as defendant cannot be tried a second time for the same offense.”

“The appeal is dismissed.”

MARKS, J. This is an appeal from an order quashing an indictment returned by the grand jury of Riverside County charging defendant with murder in the first degree.

Since this appeal was perfected it has come to our attention that the district attorney of Riverside County filed an information charging defendant with the same crime; that defendant entered pleas of guilty, and, not guilty, by reason of insanity; that he has been tried on the latter plea and has been found sane.

[692]This renders all questions on this appeal moot as defendant cannot be tried a second time for the same offense.

The appeal is dismissed.

Barnard, P. J., and Griffin, J., concurred. '

People v. Wynn

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