30 Wash. 383 | Wash. | 1902
In November, 1901, a criminal complaint was filed in the office of the justice of the peace of Thurston county, charging Murrey and O’Neil with stealing a certain cow. The defendants were arrested on warrant, and, after examination before the'magistrate, were held to appear before the superior court. At the preliminary examination, defendants produced a number of wit
Respondents move to dismiss the appeal for want of jurisdiction in this court to review such proceeding. The errors assigned are in entering the order of dismissal, and in taxing to the county the costs of defendants’ witnesses at the preliminary examination. The statute (§ 6500, Bal. Code), limits the right of the state to appeal in criminal cases: (1) In setting aside the indictment or information; (2) arresting judgment on the ground that the .facts stated in the indictment or information do not constitute a crime;' (3) or in some other material errors in law not affecting the acquittal of the prisoner on the merits. It is apparent that this appeal cannot be maintained under the first or second specification. The judgment and order entered was an adjudication upon the merits of the charge against the defendants; therefore the state has no right of appeal under the third specification, because the error of law mentioned cannot affect the acquit
The motion to dismiss is sustained.