Ex parte Williams

Citations

• 116 Cal. 512
• 48 P. 499
• 1897 Cal. LEXIS 581

Syllabus

<p>Criminal Law — Information—Allowance of Demurrer—Permissive Order for New Information—Bar to Another Prosecution—■ Habeas Corpus.—Under section 1008 of the Penal Code the allowance of a demurrer to an information or indictment is a bar to another prosecution for the same offense, unless the court, being of opinion that the objection may be avoided by a new indictment or information, directs the case to be submitted to another grand jury or directs a new information to be filed; and where, upon sustaining a demurrer to an information, the court merely sustains it, “ with leave to the district attorney to file a new information,” such permissive order is not equivalent to the direction or command contemplated by that section, the prosecution is at an end, and the prisoner cannot be held for trial under a new information, and will be discharged from custody upon habeas corpus.</p>