People v. Jordan

On the 26th of May, 1882, an information was filed accusing the defendant of a misdemeanor, to which information the defendant demurred. The demurrer was argued and submitted. On the 15th of July, after the court had in open court intimated its intention to sustain the demurrer, the district attorney filed a second information based on the same offense. No leave of the court was asked or given for filing the second information. On the 22d of July the court made an order sustaining the demurrer to the first information—but no order was made or requested, or opinion expressed, as provided for…