In People v. Demes (1963) 220 Cal. App. 2d 423, defendant was charged with murder and assault with a deadly weapon. His first trial ended in a hung jury. The second trial resulted in a conviction, which was overturned on appeal on the ground of evidentiary errors. ( Id. at p. 428.) At the third trial, defendant "entered a plea of once in jeopardy." This was denied and the trial ended in a second conviction and a sentence of life imprisonment. Defendant appealed again. Affirming the judgment of the trial court, the Court of Appeal concluded defendant's double jeopardy defense was "unsustainable." ( Id. at p. 434.) Invoking Penal Code section 1262, providing that a reversal shall be deemed an order for a new trial unless the appellate court "shall otherwise direct," the court said that "on the former appeal this court did not 'otherwise direct' and defendant was not entitled to a discharge." (Ibid.)