People v. Allen

Citations

• 61 Cal. 140
• 1882 Cal. LEXIS 562

Syllabus

<p>Variance—New Information—Appeal.—It is within the power, and it is the duty of the court, where the accused has been acquitted on the ground of variance, to order his detention and to direct a new information; but as a new information can be filed without the order of the Court, there is no practical utility in an appeal from an order refusing to detain the prisoner, and an appeal therefore will not be entertained.</p>