People v. Matiasevich

This case comes to us upon a purported appeal by the People “from the order and judgment . . . dismissing and otherwise terminating the said action without a trial thereof”.

It appears from the record that a jury was waived, the trial entered upon, evidence introduced, the plaintiff rested, defendant moved for a dismissal upon the grounds that the prosecution had failed to prove facts constituting a public offense and that the statute alleged to have been violated was unconstitutional. It also appears that the court “granted the motion of defendant for dismissal”. Defendant (respondent)…