The People, Plaintiff and Respondent v. Richard James Goolsby, Defendant and Appellant

Summary

The court held that retrial for arson of property was not barred because that offense was effectively prosecuted in the original proceeding when the trial court instructed the jury on it and the defense did not object. Although the charged arson conviction could not be retried after the Court of Appeal found the evidence legally insufficient, the lesser related offense remained unresolved and could be retried. The court reversed the Court of Appeal's dismissal and remanded for that court to address the separate double-jeopardy question.