Sing

Defendant was accused by information with the violation of the Wyllie local option law in the county of Fresno. The information contained three counts, charging as many violations of said law. Defendant was convicted upon all three counts, and sentenced to pay a fine of five hundred dollars, or in lieu thereof to be imprisoned in the county jail of the county of Fresno at the rate of one day’s imprisonment for every two dollars of said fine until the same shall have been satisfied. The present appeal is from said judgment and an order denying defendant’s motion for a new trial.

The punishment imposed in this case made the offense a misdemeanor; and, under the provisions of section 1387 of the Penal Code, a dismissal of an action in such a ease is a bar to another prosecution unless the order is expressly made for the purpose of amending the complaint in the action. Prom the record it appears that after one information had been filed against the defendant without the defendant having been brought to trial within sixty days, that information upon motion of the district attorney was dismissed for the purpose of filing an amended complaint in the action. Thereafter another…