People v. White
California Court of Appeal
APPEAL from an order of the Superior Court of Santa Cruz County, granting a motion to set aside an information. Lucas F. Smith, Judge. The facts are stated in the opinion of the court. U. S. Webb, Attorney General, and Benjamin K. Knight, District Attorney, for Appellant.
1Opinion of the CourtHall, J.
Defendant was charged by information filed by the district attorney with the crime of murder. In due time he made a motion in the superior court that the information be set aside “upon the ground that before the filing of said information the defendant had not been legally committed by a magistrate. ’ ’
The motion was granted, and the people appealed to the supreme court, which court, being of the opinion that the appeal should have been taken to this court, transferred the ease to this court for determination of the appeal.
The first ground urged by respondent in support of the order setting…
2Cases cited2 opinions
- Ex parte KeilCalifornia Supreme Court · 1890
- People v. LapiqueCalifornia Court of Appeal · 1909