Matter of Application of Hughes

The petitioner shows that the minute order of the superior court sustaining his demurrer to the information was in the following language:

“The demurrer of the defendant to the information on file herein having been heretofore argued and submitted to the court for its decision—It is by the court ordered that the demurrer to the information be, and the same is, hereby sustained, and leave is granted to the district attorney to file another informationthat upon the presentation of a second information his motion to quash, annul, and set it aside, was denied. Wherefore, he has sued out this writ,…