Lucas

June 23, 1925, the defendant was indicted for the crime of making false entries in the hooks of a state bank. His demurrer to the indictment was overruled and his motion to dismiss it was denied. He was duly placed on trial, but the jury impaneled in the case was discharged because of inability to agree upon a verdict. October 30, 1925, a second indictment was presented and filed, charging the defendant with the same acts alleged in the first indictment and, in addition thereto, four acts of embezzlement. This was a new indictment and did not purport to he an amendment of the first. The defendant made a motion to dismiss the indictment and demurred thereto. Upon the submission of the motion and the demurrer, the court made the following order: “The motion to dismiss indictment is sustained, and the demurrer is sustained; the district attorney to go before the grand jury and amend the former indictment and bring in a second indictment as to the charges of embezzlement. . . . The court now orders that the order heretofore made, overruling the demurrer to the original indictment be set aside; the demurrer to the original indictment is now sustained, and the original indictment…