BlackletterCalifornia law

Penal Code § 1041

CHAPTER 7. The Mode of Trial

Current as of September 28, 2026Pen. Code, § 1041Official source ↗

Amended by Stats. 1949, Ch. 1314.

An issue of fact arises:

1. Upon a plea of not guilty.

2. Upon a plea of a former conviction or acquittal of the same offense.

3. Upon a plea of once in jeopardy.

4. Upon a plea of not guilty by reason of insanity.