Judgment reversed on the law and the facts and indictment dismissed in conformity with the provisions of section 668 of the Code of Criminal Procedure, without prejudice to the right of the respondent to proceed as permitted in section 673 of the code, if so advised.
In our opinion, appellant's motion to dismiss the indictment, made before pleading thereto, should have been granted. On that motion respondent failed to sustain its burden of showing "good cause", as...
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