¶1order in full as made by the court below, omitting the part sustaining the demurrer, was this: “And it appearing to the court that the objection raised by the demurrer to the information may be avoided, leave is granted to the district attorney to file a new information.” This order very clearly shows that the intention of the court was to direct that a new information, curing the suggested defects, should be filed, and I think the language used by the court equivalent to the direction provided by the statute. I am unable to coincide with the view expressed in the main opinion, that the language was *515merely a permissive direction to be acted upon at the discretion of the district attorney. I think the petitioner should be remanded.
116 Cal. 512
Ex parte Williams
Decided April 16, 1897
California Supreme Court · decided 1897-04-16
Application 'to the Supreme Court for a discharge from imprisonment upon a writ of habeas corpus to the sheriff of the County of Orange. The order under which the prisoner was held was made by the Superior Court of the County of Orange. J. M. Ballard, Judge. Further facts are stated in the opinion of the court.
Good law ✅— No negative treatment on recordhow we know
Decided 1897-04-16
How this case has been cited
Cited by 20 later decisions — most recently January 1948
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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