People v. Peters

Opinion

NEWMAN, J.

The People appeal from the trial court’s dismissal of an indictment dated May 5, 1976, charging that defendant committed a felony. Defendant argues that the dismissal was justified because, at a first preliminary examination on October 14 and a second on December 16, 1975, the magistrates had dismissed prosecutions of him for the same offense. Penal Code section 1387 states that “. . . dismissal of an action pursuant to this chapter is a bar to any other prosecution for the same *751offense if it is a felony and the action has been previously dismissed pursuant to this chapter. .…