Section 1041 Of Chapter 7. The Mode Of Trial From California Penal Code >> Title 6. >> Part 2. >> Chapter 7.

. 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.