People v. Prudencio

This is an appeal by the People from an order granting defendant’s motion for a new trial. The grounds urged for reversal are that at the time the motion was granted the trial court was without jurisdiction to hear or determine the same, and that even though jurisdiction did exist to entertain the motion, the granting of the same constituted an abuse of discretion.

The facts are as follows: The defendant was charged with murder by an information alleging that he did “unlawfully, wilfully, feloniously, and of his malice aforethought kill and murder one Antonio Garcia.” He entered a plea of not…