People v. Beach

Citations

• 122 Cal. 37
• 54 P. 369
• 1898 Cal. LEXIS 522

Syllabus

<p>Criminal Law—Setting Aside Information—Legality of Commitment.—Under section 995 of the Penal Code, which provides for setting aside an information in case “the defendant had not been legally committed by a magistrate,” the phrase “legally committed” means only that the accused had been committed by a magistrate who had jurisdiction to hold the examination, and who had actually heard the evidence, and determined that probable cause existed for holding the defendant to answer.</p> <p>Id.—Sufficiency of Evidence—Gonolusiveness of Finding by Magistrate.—If a magistrate, upon a complaint duly made and charging a public offense, has heard the evidence, and has committed the defendant, that ends the matter, so far as concerns a motion to set aside the information for insufficiency of the evidence to show that a public offense had been committed. Upon such motion, the superior court cannot review and overrule the finding of the magistrate that the evidence taken before him was sufficient.</p> <p>Id.—Order for Commitment—Presumption.—A motion to set aside an information cannot be sustained merely because it does not appear that an order for commitment was made, or indorsed upon the depositions, if it does not appear that such order was not regularly and properly made. It is incumbent on the moving party to establish that the defendant was not legally committed; and, until the contrary is shown, the presumption is that the official authority to commit was regularly and legally exercised.</p>