199 P. 840 | Cal. Ct. App. | 1921
Petitioners have applied for a writ of prohibition to prevent respondent court from dismissing a certain criminal action.
[1] It appears from the petition that in response to a motion of the defendants in that action, the superior court, acting through the judge named in the petition herein, has ordered that the district attorney furnish each of the defendants with a bill of particulars covering certain matters described in the motion. The court granted the motion, and further stated that unless the bill of particulars is furnished the court will dismiss the action. The district attorney has declined to comply with the order.
The question whether or not, in a criminal action, the court may require the people to furnish a bill of particulars apparently has not been passed upon in this state, except that in People v. Alviso,
It is not necessary to pass upon the question above stated, and we express no opinion thereon. We think that respondent has jurisdiction to dismiss the action for any reason that it determines to be in furtherance of justice. (Pen. Code, sec.