People v. Noline

Opinion by Judge CRISWELL.

This appeal presents the question whether the People may prosecute a defendant by grand jury indictment after a prior felony complaint charging the same offenses is dismissed by the county court because the People failed to establish probable cause that the defendant committed the offenses charged. The People appeal from the district court’s judgment dismissing such an indictment against the defendant, Raymond C. Noline. We hold that prosecution under the indictment would be improper under these circumstances, and therefore, we affirm the district court’s judgment of…