People v. Western Meat Co.
California Court of Appeal
APPEAL from an order of the Superior Court of Sacramento County setting aside an information. C. N. Post, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtBurnett, J.
The appeal is by the people from an order of the superior court of Sacramento county setting aside the information on the ground “that before the filing thereof the defendant had not been legally committed by a magistrate.” (Pen. Code, see. 995.)
The particular infirmity in the proceedings before the magistrate which was urged at the hearing of the motion was set forth by respondent as follows: “That said defendant was never summoned to answer any charge in any court in accordance with the requirements of section 1390 or of sections 1391 to 1396, both inclusive, of the Penal Code of…
2Cases cited4 opinions
- Doak v. BrusonCalifornia Supreme Court · 1907
- Henderson v. CohenCalifornia Court of Appeal · 1909
- State v. Passaic County Agricultural SocietySupreme Court of New Jersey · 1892
- Merced County v. HicksCalifornia Supreme Court · 1885
3Cited by10 opinions
- Griffith Co. v. San Diego College for WomenCalifornia Supreme Court · 1955
- Gagnon Co., Inc. v. Nevada Desert InnCalifornia Supreme Court · 1955
- Bailey v. County of Los AngelesCalifornia Supreme Court · 1956
- People v. McCallaCalifornia Court of Appeal · 1923
- Murray v. Superior CourtCalifornia Supreme Court · 1955
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