People v. Neidhart

These are applications by the district attorney for leave to resubmit the charges against these defendants to the grand jury: These charges have been passed upon by the February grand jury, which, after due hearing, dismissed them.

While the court has power to permit the charges to be again submitted to the grand jury (Code Crim. Proc., § 270), such power should be sparingly arid discriminatingly used. It is a practice that ought not to be encouraged, nor granted pro forma. The court should act judicially, and permit such resubmission only when facts are presented which justify such action. No…