People v. Creeks

The defendant was convicted of murder in the first degree upon an information charging him with the murder of one J. P. Drewry, in October, 1914, in Sacramento County. This is an appeal from the judgment of death given upon such conviction, and from an order denying defendant’s motion for a new trial.

1. Before entering his plea of not guilty, defendant made a motion that the information be set aside on the ground “that before the filing thereof the defendant had not been legally committed by a magistrate.” (Pen. Code, sec. 995.) This motion was denied. It was claimed that he had never been…