The petition filed a suggestion for writ of prohibition in the circuit court. The suggestion was dismissed and this appeal followed. Appellant urges that the circuit court failed to apply the correct rule of law as to when jeopardy attaches when a charge is dismissed in the Metropolitan Court. We hold that the court correctly applied the law set forth in Burnes v. State, 89 Fla. 494, 104 So. 783 (1925).

Affirmed.