Section 1041.
Cal. Penal Code - PEN § 1041.
in effectAn 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.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026