Ex parte Branigan

Citations

• 19 Cal. 133

Syllabus

<p>Where a Justice of the Peace issues a warrant to arrest and bring before him for examination a party charged with crime, the officer making the arrest may take the party before another Justice of the Peace of the same county, who may make the examination and commit, in case of the absence or inability to act of the Justice issuing the warrant.</p> <p>To enable the officer to take the party arrested before another magistrate for examination in case of such absence or inability to act, it is not essential that the warrant of arrest should contain a direction to that effect.</p> <p>A commitment for larceny must state of what property the larceny alleged was committed, to whom it belonged, its value, and the time when and the place where the offense was committed.</p> <p>A commitment for rape must state the person upon whom the alleged rape was committed, the use of violence, which is an essential ingredient in the offense, and the time and place where the offense was committed.</p> <p>Where an examination has been had by a magistrate and a commitment has been issued by him which is defective in form or substance, a second commitment, omitting or correcting the defects of the first, may be issued, provided there is any order, or judgment, or entry of the magistrate made at the conclusion of the examination to which he can refer for guidance, but he cannot resort merely to his own recollection for the facts of the case.</p> <p>The statute contemplates that the order of discharge or commitment made by the magistrate upon the completion of the examination of a party charged with crime shall be reduced to writing; and if the magistrate has indorsed his order on the depositions and statement, (Or. Pr. Act, secs. 163,164) or entered it in his docket, (where there have been neither depositions nor statement) commitments may be issued until the object of the order has been accomplished.</p> <p>Where a commitment, issued by a Justice of the Peace of the city and county of Sac