State v. Feinzilber

OPINION

By the Court,

Pike, J.:

Appeal by the state from an order of the trial court granting defendant’s motion to dismiss an information charging defendant with assault with intent to kill, on the ground that defendant had been once in jeopardy. Defendant had previously been acquitted, after a jury trial, on the charge of robbery of one Dorothy Cimino.

Counsel for the state and respondent, in the trial court stipulated that Feinzilber had been charged with robbery by force and violence, and found not guilty, and that the same evidence introduced in that case would be required at the trial of…