
    [No. 14593.
    Department Two.
    July 8, 1918.]
    The City of Seattle, Appellant, v. John E. Savage et al., Respondents.
      
    
    Criminal Law — Complaint—Amendment on Appeal Prom Justice op Peace. Upon appeal from a conviction in justice court, if the complaint did not charge a crime, the prosecution may file a new complaint in the superior court upon which trial proceeds after arraignment and plea.
    Appeal from a judgment of the superior court for King county, Dykeman, J., entered June 23, 1917, dismissing a prosecution for the violation of an ordinance, upon sustaining a demurrer to the complaint.
    Keversed.
    
      Hugh M. Caldwell and Thomas J. L. Kennedy, for appellant.
    
      
      Reported in 174 Pac. 1183.
    
   Mackintosh, J.

— The refusal of the trial court to allow the filing of an amended complaint, upon an appeal, from a conviction of the violation of a city ordinance in the police court of the city of Seattle, was directly contrary to our holding in the case of Everett v. Cowles, 97 Wash. 396, 166 Pac. 786, and for that reason, the judgment of the lower court is reversed.

Main, C. J., Mount, Holcomb, and Chadwick, JJ., concur.  