State v. Wickstrom

Citations

• 92 Wash. 503
• 159 P. 753
• 1916 Wash. LEXIS 793

Syllabus

<p>• Criminal Law — Former Jeopardy — Dismissal — Identity of Charge — Statutes. Under Rem. & Bal. Code, § 2314, authorizing the dismissal of a prosecution “in furtherance of justice,” the reason to be set forth in the order, and Id., § 2315, providing that a dismissal' under § 2314 shall bar another prosecution for a misdemeanor or gross misdemeanor where the prosecution dismissed charged the same misdemeanor or gross misdemeanor, but that in no other case “shall the dismissal bar another prosecution,” the dismissal' of a prosecution in a justice court for assault in the third degree, which is a gross misdemeanor by Id., § 2415, for the stated reason that an information had been filed in the superior court, does not bar a prosecution in the superior court for assault in the second degree, which is felony by Id., § 2414; since the reasons given show there was no intent to abandon the prosecution; and the later charge of a felony was not a charge of the same gross misdemeanor, and therefore is not within the act.</p> <p>Same. In such a case, Rem. & Bat. Code, § 2316, providing that where a defendant shall be acquitted or convicted iipon an indictment or information charging a crime consisting of different degrees, he cannot be tried for the same crime in another degree, has no application, as it does not apply to dismissals before trial.</p>