Does the doctrine of res judicata apply when a defendant is tried on two separate indictments?
California, United States of America
The following excerpt is from People v. Symons, 10 Cal.Rptr. 90 (Cal. App. 1960):
Also, it is of no significance that the second charge herein involved a different offense than the first. 'Thus whether a defendant is tried on two separate indictments or upon two counts of one indictment each count being considered as a separate and distinct offense, the doctrine of res judicata applies as to any matters in issue which the verdict determined.' People v. Beltran, 94 Cal.App.2d 197, at page 205, 210 P.2d 238, at page 243.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
Does the doctrine of the lesser included offense doctrine apply to a defendant who has pleaded guilty to a charge of a related but not necessarily included crime? (California, United States of America)
Can a defendant argue that the abandonment doctrine does not apply because he was illegally detained? (California, United States of America)
Does the invited error doctrine apply to the doctrine of imperfect self-defense? (California, United States of America)
Does Section 290 of the California Criminal Code require a separate prison term for a defendant who has served two separate felonies, false imprisonment and first degree burglary? (California, United States of America)
Does the rule of lenity apply to a defendant who has interpreted Proposition 36 differently than the other defendant? (California, United States of America)
Does the res judicata doctrine apply in this case? (California, United States of America)
Does the term "guilty" or "aider and abettor" apply to both a defendant and a defendant in a sexual assault case? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a defendant entitled to equal protection of the law when he is charged by indictment rather than by indictment? (California, United States of America)
