Ryan

This matter comes before us upon a motion by respondent to dismiss the appeal.

The transcript shows that the district attorney for the county of Santa Cruz filed an information for misdemeanor to wit, violation of Medical Practice Act, against the defendant on September 23, 1921. Defendant demurred to the information. The demurrer was sustained on September 26, 1921, and the district attorney was granted one week’s time within which to file an amended information. On September 29, 1921, the district attorney presented an amended information to the court which was, substantially, the same as the original information and did not amend said original information in the respect required by the previous court order sustaining the demurrer. The court thereupon denied the district attorney leave to file the amended information in the form presented and informed him that unless an information amended in the manner indicated be filed by October 3, 1921, the action would be dismissed pursuant to the provisions of section 1008 of the Penal Code. The district attorney then stated that the prosecution did not desire to amend and “that the prosecution gives notice of appeal from the judgment of…