
    [No. 10,685.
    Department Two.]
    THE PEOPLE v. LOUIS HELBING.
    Assault with a Deadly Weapon—Verdict.—The defendant was indicted for an assault with a deadly weapon with intent to inflict great bodily injury; and pleaded not guilty and a former acquittal. The jury found a verdict of guilty.
    
      Held: There must be a verdict upon both issues before there can be a judgment of conviction.
    Id.—Statute of Limitations—Misdemeanor—Felony.—The one year’s bar does not apply to the offense charged.
    Appeal from a judgment of conviction, and from an order denying an arrest of judgment and from an order refusing defendant a new trial in the Superior Court of the City and County of Sari Francisco. Freelon, J.
    
      B. Percy Wright, for Appellant.
    
      A. L. Hart, Attorney General, for Respondent.
   The Court:

The defendant pleaded not guilty and former acquittal. The jury returned a verdict of guilty, but did not find upon the plea of former acquittal. There must be a verdict upon that as upon the plea of not guilty, before there can be a judgment of conviction. (People v. Kinsey, 51 Cal. 279.)

The indictment is not for a misdemeanor, but for a felony, viz., an assault with a deadly weapon with intent to inflict great bodily injury; therefore the one-year bar does not apply to it.

Judgment and order reversed and cause remanded for a new trial.  