THE PEOPLE, Plaintiff and Appellant,
v.
GEROLD JOSEPH PETERS, Defendant and Respondent.
Supreme Court of California.https://leagle.com/images/logo.png
July 31, 1978.
July 31, 1978.
Attorney(s) appearing for the Case
COUNSEL
John K. Van de Kamp, District Attorney, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, for Plaintiff and Appellant.
Michael Rotsten and Quin Denvir, State Public Defender, Clifton R. Jeffers, Chief Assistant State Public Defender, Michael G. Millman and Robert P. Mason, Deputy State Public Defenders, for Defendant and Respondent.
Supreme Court of California.
OPINION
NEWMAN, J.
(1) The People appeal from the trial court's dismissal of an indictment dated May 5, 1976, charging that defendant committed a felony. Defendant argues that the dismissal was justified because, at a first preliminary examination on October 14 and a second on December 16, 1975, the magistrates had dismissed prosecutions of him for the same offense. Penal Code section 1387 states that "... dismissal of...
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