Pleadings And Proceedings Before Trial — California Penal Code — The Mode Of Trial — Issue of fact Date: 15 Sep 2016 TEXT PDF Current through the 2016 Legislative Session 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. Ca. Pen. Code § 1041