People v. Smith
California Supreme Court
Appeal from a judgment of conviction in the Superior Court of Santa Clara County. Belden, J. A petition for hearing in bank was filed in this case after judgment, and denied.
1Opinion of the Court
Thornton, J.:
Defendant was convicted on an information of the crime of robbery. Before pleading, a motion was made by his counsel to set aside the information, on the ground that before the filing thereof the defendant had not been legally committed by a magistrate. (See Pen. C., § 995.) The Court denied the motion, and defendant excepted. The sole question presented on this appeal is, whether the defendant had been legally committed upon the preliminary examination required by law.
It appears, from a bill of exceptions found in the record, that on the twenty-ninth day of November, 1880, a…
2Cited by5 opinions
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