Ex parte Walsh

Wallace, J.,

delivered the following opinion, Rhodes, C. J., concurring:

The petitioner, Walsh, being charged, by sworn complaint in the usual form, with feloniously killing one A. J. *706Atwell at- the County of Merced, a warrant of arrest was issued against him, and he was brought before a Justice of the Peace of that county for examination. Witnesses were subpoenaed, but none of them seem to have been sworn or examined, and Walsh, waiving an examination, was, upon such waiver, held to answer the charge, and was by the Justice admitted to bail in the sum of one thousand dollars, and, having given…