What are the consequences of a motion of appeal against a finding of not guilty of a charge of perjury?
California, United States of America
The following excerpt is from People v. Randall, 111 Cal.Rptr. 590, 35 Cal.App.3d 972 (Cal. App. 1973):
1 If, as contended by the People, the present appeal lies, the People would have alternative remedies by virtue of the statutory provision for refiling or seeking an indictment and the rule reiterated in People v. Uhlemann, Supra, 9 Cal.3d 662, 108 Cal.Rptr. 657, 511 P.2d 609. Would they be required to elect between remedies, and, if so, what would constitute an election? (Cf. Pen.Code, 1238(b).)
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