People v. Conserva

Conviction is reversed, the fine is remitted and the information is dismissed.

This appeal comes to us on the sole question as to the validity of the information.

The court cannot consider the deposition as mere surplusage in view of the language of section 148 of the Code of Criminal Procedure which states that:

“-"When an information is laid before a magistrate, of the commission of a crime, he must examine on oath the informant or prosecutor, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.”

There is a conflict…