People v. Horvatt

The former indictment for the same offense was dismissed on motion and upon the consideration of the evidence before the grand jury. An order dismissing an indictment is no bar to a future prosecution for the same offense. (Code Crim. Proc. § 320.) If the former indictment had been demurred to and the demurrer allowed, that would have been a bar to another prosecution for the same offense without an order of resubmission and unless the court sustaining the demurrer directed a resubmission. (Code Crim. Proc. § 327; People v. Zerillo, 146 App. Div. 812.) No order was necessary here. (People v.…