Petition for writ of mandate and/or prohibition challenging trial court's order overruling defendant's demurrer to a complaint charging him with murder and conspiracy to commit murder is denied over claims that: 1) the complaint is barred by Penal Code section 1387's "two dismissal" rule as there were two prior dismissals or terminations of actions against him involving the same charges; or, alternatively, 2) to the extent section 1387 does not require dismissal of the complaint, he was denied his constitutional right to equal protection of the law.