People v. Price

GRAY, C.

The defendant is charged with burglary. The plaintiff appeals from an order granting defendant’s motion to set aside the information made on the ground that the defendant had not been legally committed by a magistrate.

Respondent’s contention is, that the complaint filed in the police court upon which the warrant for defendant’s arrest was issued, and which was also treated as a deposition, and the commitment indorsed thereon, failed to charge a crime in that it did not contain any allegation of ownership of the property alleged to have been entered. It is further contended that there…