Ex parte McConnell
California Supreme Court
Application for a writ of habeas corpus. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
— The petitioner, who has been tried and convicted upon an information charging him with the crime of burglary, seeks to be discharged from imprisonment in the state prison, under said conviction, upon the ground that he was not examined or held to answer by a magistrate prior to the filing of the information.
It is too late, after conviction, to raise this objection in a proceeding upon habeas corpus.
It should have been taken by motion to set aside the information before trial. (Pen. Code, sec. 995.)
The filing of the information gave the court jurisdiction to proceed in the case, and the…
2Cited by21 opinions
- People v. SchmidtCalifornia Court of Appeal · 1917
- In Re BerryCalifornia Supreme Court · 1955
- People v. BawdenCalifornia Supreme Court · 1891
- State v. ClarkIdaho Supreme Court · 1894
- State Ex Rel. Welper v. RiggSupreme Court of Minnesota · 1958
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