Kinard v. Police Court
California Court of Appeal
APPEAL from a judgment of the Superior Court of Alameda County, denying a writ of prohibition. Henry A. Melvin, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, J.
Appeal from judgment and order denying writ of prohibition.
Petitioner alleges that he is being prosecuted in the police court of the city of Oakland, before Mortimer Smith, the judge of said court, upon a charge of misdemeanor in embezzling the sum of $14, the property of one Holloway. He moved to dismiss the proceedings upon the ground that the charge was the same offense included in a prior charge against him in the police court, which prior charge was dismissed. His position is that, the prior charge being dismissed, such dismissal is a bar to any other or further prosecution for the same…
2Cases cited1 opinion
- Raine v. LawlorCalifornia Court of Appeal · 1905
3Cited by5 opinions
- Spitzer v. Superior CourtCalifornia Court of Appeal · 1925
- Beaulieu Vineyard v. Superior CourtCalifornia Court of Appeal · 1907
- Necochea v. Superior CourtCalifornia Court of Appeal · 1972
- Himovitz v. Justice's CourtCalifornia Court of Appeal · 1926
- McCarthy v. Superior CourtCalifornia Court of Appeal · 1946