Does a verdict of acquittal in a criminal case have to be re-examined?

California, United States of America


The following excerpt is from People v. Soto, 166 Cal.App.3d 428, 212 Cal.Rptr. 425 (Cal. App. 1985):

[166 Cal.App.3d 440] Finally, as explained in Sanabria v. United States (1978) 437 U.S. 54, 98 S.Ct. 2170, 57 L.Ed.2d 43, a verdict of acquittal may not be reexamined without putting the defendant twice in jeopardy. This principle has been described as " 'the most fundamental rule in the history of double jeopardy jurisprudence.' [Citation.] The fundamental nature of this rule is manifested by its explicit extension to situations where an acquittal is 'based upon an egregiously erroneous foundation.' [Citations.]" (Id., at p. 64, 98 S.Ct. at p. 2178.)

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