People v. Cokahnour
California Supreme Court
APPEAL from a judgment of the Superior Court of Los Angeles County and from orders denying a new trial and denying a motion in arrest of judgment. B. iST. Smithy Judge. The defendant was charged with the crime of arson, committed at Duarte, in the county of Los Angeles, April 12, 1897. Further facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
The objection that defendant was not legally examined and committed before information filed is untenable; and the motion to set aside the information on that ground was properly denied. The case of Kalloch v. Superior Court, 56 Cal. 229, is not in point. In that case the defendant attempted to waive examination and it was held this could not be done; that the statute contemplates an examination as a basis of commitment. In this case there was no waiver or attempt to waive the “examination.” All that defendant waived was time to prepare for examination, and asked that it be proceeded with at…
2Cases cited1 opinion
- Kalloch v. Superior CourtCalifornia Supreme Court · 1880
3Cited by16 opinions
- In Re BerryCalifornia Supreme Court · 1955
- Pueblo v. Rivera NazarioSupreme Court of Puerto Rico · 1996
- Kizer v. DavisIndiana Court of Appeals · 1977
- People v. FitzgeraldCalifornia Supreme Court · 1961
- People v. SourisseauCalifornia Court of Appeal · 1944
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