Ex parte Baker

Citations

• 88 Cal. 84
• 25 P. 966
• 1891 Cal. LEXIS 648

Syllabus

<p>Criminal Law — Information — Illegal Commitment — Habeas Corpus. —Where an information has been set aside on the ground that the defendant had not been legally committed by a magistrate, the filing of another information, by order of the court, without a second examination, is unwarranted and void, and the defendant is entitled to a discharge on habeas corpus.</p> <p>Id. — Construction of Code—Legality of Commitment — Examination. — The phrase “legally committed,” as used in section 995 of the Penal Code, refers to the examination of the case and the holding of the defendant to answer, as prescribed by title 3, chapter 7, of the Penal Code.</p>