Ex parte Clarke

Citations

• 54 Cal. 412

Syllabus

<p>Criminal Law.—Dismissal of Pkosecutiok.—Under the Penal Code, § 1,382, when a grand jury has dismissed a charge against a defendant, the Court, at the end of the term, must dismiss the action against him, and discharge him from custody; unless it have reason to believe that the jury in attendance at the succeeding term may properly indict him.</p> <p>Id.—Id.—Rescbmissiok of a Charge to a Grand Jurv.—Upon such a dismissal, the power of the Court, under Penal Code, § 942, to resubmit the charge to a grand jury, ceases.</p> <p>Ip.—Id.—Id. — Such a dismissal is in the nature of a judgment of nonsuit; and, as the defendant in such case, has never been put in jeopardy, within the meaning of the Constitution, it is not a bar to another prosecution. It ends the action commenced by the complaint upon which the magistrate issued his warrant of arrest; but a new action on behalf of the people may be commenced at any subsequent day, either by presentment of a grand jury, or by a complaint filed with any magistrate.</p>