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102 Cal. 501

People v. Stokes

California Supreme Court

Decided May 25, 1894

California Supreme Court · decided 1894-05-25

<p>Appeal from a judgment of the Superior Court of Tulare County.</p> <p>The facts are stated in the opinion of the court.</p>

Cited by 2 later decisions — most recently February 1974

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1894-05-25

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The Court.

¶1This is an appeal from a judgment of the superior court of Tulare county, California, dismissing an information which was pending in said court against the defendant. On June 15, 1893, upon motion of the district attorney, the superior court ordered, that the case “be and is hereby dismissed, on the grounds that the offense charged was committed in the territory comprising the new county of Kings.” The defendant contends that this dismissal is erroneous, because it was not made for a statutory reason, nor in furtherance of justice. For the purpose of this case it is sufficient to say that a defendant is not entitled to an appeal from an order dismissing a prosecution which is pending *502against him. If courts deem it proper to dismiss prosecutions against defendants charged with crime, we know of no objections in law which a defendant is entitled to urge against such a course. This defendant was not injured by the order of the court dismissing the prosecution which resulted in his discharge.

¶2For the foregoing reasons the order is affirmed.

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