Canal

Under an information filed in the superior court of Merced County, by the district attorney of said county, the defendant was convicted of the crime of grand larceny, in that he did, on the twenty-ninth day of April, 1915, feloniously steal, take, and drive away a certain cow, the personal property of J. B. Coito & Co., a firm engaged in the business of dairying in said county.

The court below, upon the application of the defendant, ordered a new trial, stating the ground therefor as follows: “The motion for a new trial made herein is granted on the ground that the court committed an error in refusing to grant defendant’s motion that the action be dismissed, and that a verdict of ‘not guilty’ be pro forma rendered in the ease, by reason of his immunity from prosecution for the offense charged in this information, because of. testimony given by him as a witness upon the preliminary examination of that same matter .or charge, wherein the people were prosecuting one George A. Avila.”

The people appeal from said order.

Obviously, the only question presented here is whether the defendant was entitled to immunity from prosecution for the • charge preferred against him by the…