In Re Marshall

LOCKWOOD, J.,

Dissenting. — I regret to say 'that I cannot concur with the majority opinion of the court in this case, as it seems to me to be ill-founded, both on authority and principle. That opinion, stated in a few words, is that the action of a committing magistrate, denying or granting bail on a murder charge, is res adjudicata, when in favor of the defendant, but not when it is against him. I discuss first the authorities.

It is a well-known fact that our Penal Code was in most part taken from that of the state of California, and the decisions of that state .on such provisions of its…