In Re Satterthwaite

Petitioner, in lieu of a bond, is confined in the Napa County jail under an order of commitment to keep the peace. A complaint was filed charging petitioner with the crime of threats against life, and after a hearing before a justice of the peace an order committing petitioner was made. Alleging illegality in the procedure, this writ of habeas corpus is presented.

Section 701 of the Penal Code provides that an information charging that a person has threatened to commit an offense against the person or property of another, may be laid before a magistrate.

The next section provides that upon the…