State v. Smith

Defendant appeals from a judgment of conviction for grand larceny and from an order denying a new trial.

Appellant’s first point is that the committing magistrate did not comply with the requirement of section 4581, Rev. Code 1919, and therefore that the trial court was without jurisdiction to try the case. It is true that the magistrate did not literally *219comply with that section, but the transcript from the magistrate shows:

“Defendant appeared, .and hearing was had, and after hearing the evidence the court decided to hold the defendant to the next termi of the circuit court. Bond was fixed at…