People v. George

When a trial judge has found no probable cause to hold a defendant for trial and the prosecutor has appealed that decision, may the prosecutor seek to dismiss the appeal and bring new charges against the defendant when he has discovered no new evidence? We believe that, on the facts of this case, this procedure violates a defendant’s right to due process of law.

On January 25, 1979, defendants George Henry George, John W. Paluzzi and Demetrios Hatsios were charged with one count of conspiring to obtain money under false pretenses, and with three counts of obtaining money under false pretenses,…