People v. Grundell

Hayne, C.

The appellant was convicted of grand larceny, and sentenced to one year in the state prison. Several points are made on the appeal.

*3021. A motion was made in the superior court to set aside the information on the ground that the committing magistrate had continued the hearing without an affidavit or the consent of the defendant, as provided by section 861 of the Penal Code. Without expressing any opinion as to whether this section is merely directory or not, it is sufficient to say that from the record before us it cannot be determined that the continuance was not by consent.

The…