People v. Salazar

This is an appeal by the People from an order dismissing an information upon the ground that before the filing thereof the defendant had not been legally committed by a magistrate. (Pen. Code, § 995.)

The person who signed the complaint as the “declarant and complainant” did not do so under oath but, in lieu of so doing, above his signature he made the following statement: “I declare under penalty of perjury that the foregoing is true and correct.” It is the defendant’s position, which he promptly asserted before the magistrate when the matter was called for the preliminary examination, that…