People v. McDaniels
California Supreme Court
APPEAL from a judgment of the Superior Court of Fresno County and from an order denying a new trial. George E. Church, Judge. The facts are stated in the opinion.
1Opinion of the Court
GRAY, C.—
Defendant appeals from a judgment convicting him of burglary in the second degree, and from an order denying him a new trial.
In the court below the appellant moved to set aside the information on the ground that he had not been legally committed by a magistrate. The point made upon this motion was, that the original complaint filed in the justice’s court as a foundation for a warrant of arrest and a preliminary examination before the magistrate was not subscribed in proper form by the complaining witness. In support of the motion nothing seems to have been introduced in evidence…
2Cases cited1 opinion
- In re the Last Will of GuilfoyleCalifornia Supreme Court · 1892
3Cited by3 opinions
- Holland v. FlashCalifornia Court of Appeal · 1912
- People v. HensonCalifornia Supreme Court · 2022
- Bank of Venice v. De Luna HutchinsonCalifornia Court of Appeal · 1912