People v. Beach
California Supreme Court
APPEAL from an order of the Superior Court of San Joaquin County setting aside an information. Joseph H. Budd, Judge. The facts are stated in the opinion of the court,
1Opinion of the CourtTemple, J.
This appeal is from an order setting aside an information on the ground that defendants had not been legally committed.
It is contended that the defendants had not been legally committed because the evidence before the magistrate did not show *38that a public offense had been committed. If the magistrate had no power or jurisdiction to hold the examination, if no complaint had been made charging the defendants with a public offense, and perhaps if no evidence at all was taken by the magistrate, zand there was no waiver by the defendants, it might beheld that the defendants had not been legally…
2Cases cited3 opinions
- People v. HowardCalifornia Supreme Court · 1896
- Ex parte BakerCalifornia Supreme Court · 1891
- People v. MoreCalifornia Supreme Court · 1886
3Cited by15 opinions
- People v. ElliotCalifornia Supreme Court · 1960
- People v. HinshawCalifornia Supreme Court · 1924
- State v. ArreguiIdaho Supreme Court · 1927
- People v. CreeksCalifornia Supreme Court · 1915
- People v. Sacramento Butchers' Protective Ass'nCalifornia Court of Appeal · 1910
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