Horner v. Superior Court

Opinion

ROUSE, J.

Petitioner stands charged by information with a violation of section 245 of the Penal Code (assault with a deadly weapon). He seeks a writ of prohibition to prevent further proceedings against him and/or a writ of mandate to compel respondent court to dismiss the action against him. The question presented to us for determination is whether section 1387, as amended, is a bar to the prosecution of a felony offense when charges based upon the same offense have been twice dismissed. In each instance such dismissal was upon application of the prosecuting attorney and granted under…