Ex parte Moan

Citations

• 65 Cal. 216
• 3 P. 644
• 1884 Cal. LEXIS 490

Syllabus

<p>Cbihinal Law—Habeas Costos—Commitment and Examination by Justice of the Peace.—Where one charged with murder has been arrested and taken before the magistrate who issued the warrant, and by him committed for examination, he may be examined and held to answer by another magistrate of the same county, without a second warrant of arrest, although it does not appear why the prisoner was not examined before the magistrate issuing the warrant.</p> <p>Id.—Süffioienoy of Commitment.—The justice of the peace before whom the prisoner was examined made the following order: “It appears to me that the offense of manslaughter has been committed, and that there is sufficient cause to believe the within-named Edward Moan guilty thereof; I order that he be held to answer to the same, and that he be admitted to bail in the sum of two thousand five hundred dollars.” Held, that the commitment was sufficient under section 872 of the Penal Code.'</p> <p>Id.—Setting Aside Infobmation.—Where a defendant was arraigned and pleaded not guilty, and did not move to set aside the information, he is precluded from afterwards taking the objection that he had not been examined and committed as required by law, and is not entitled to a discharge on habeas corpus, after trial and conviction, even if he had not been legally committed.</p> <p>Id.—Infobmation—Effect of Dismissal of Bill by Gband Jüby.—The examination and dismissal of a bill by the grand jury does not take away the right of the district attorney to file an information for the same offense within the statutory time.</p>