Giminiani

This is an appeal by the People from an order made by the court setting aside an information.

As shown by the record herein, the facts of the case are that by a complaint filed in the justice court defendant was charged with a misdemeanor, to wit, contributing to the delinquency of a minor, and on which complaint, after proceedings had in the justice court, defendant was committed and held to answer to the superior court. In the orderly course of procedure, an information was then filed in the superior court charging defendant with the commission of the same offense for which theretofore he had been so held to answer. When the action came on for hearing, after a jury had been impaneled to try the case and a witness had been • sworn to testify therein and had given some testimony, on motion of plaintiff the action was dismissed, with leave to “commence anew proceeding against the defendant by filing a new complaint in the justice’s court.” Thereupon a new complaint was sworn to against defendant in the justice court, upon which, after a preliminary examination, he was again committed and held to answer to the superior court. A new information having been filed against defendant in…