Key legal question
Whether the appeal against the cantonal decision annulling a dismissal and ordering further prosecution was admissible despite its incidental nature.
Extracted holding
The appeal was inadmissible because the challenged decision was incidental and caused no irreparable harm, nor did it justify immediate review to avoid long and costly evidence proceedings.
Extracted reasoning
The accused could raise his defenses later before the trial court if indicted. The case involved simple facts, so the exception for avoiding lengthy and costly evidentiary proceedings did not apply.