People v. Sehorn

Citations

• 116 Cal. 503
• 48 P. 495

Syllabus

<p>Criminal Law—Pleading—Motion to Set Aside Information—Irregularities at Preliminary Examinations—Review upon Appeal.— A judgment of conviction in a criminal case will not be reversed for refusal of a motion to set aside the information because of mere irregularities in the preliminary examination, not affecting a substantial right of the defendant.</p> <p>Id. —Calling in another Justice at Preliminary Examination—Reason for Order—Subscription to Docket—Directory Statute—A justice of the peace has power to call in another justice for the purpose of making a preliminary examination, and it is not required that the order requesting another justice so to act should set forth the reason why the request was made; nor does the failure of such other justice to subscribe the docket, as provided in section 105 of the Code of Civil Procedure, affect any substantial right of the defendant, it not appearing that any material proceeding must be so entered and subscribed in the case of a preliminary examination, and that section, if applicable to a preliminary examination, is merely directory.</p> <p>Id.—Indorsement of Order Holding to Answer.—The order holding a defendant to answer at the conclusion of the preliminary examination is not invalid because not indorsed upon the depositions other than the complaint, and it is sufficient if it is indorsed upon the complaint.</p> <p>Id.—Absence of Formal Commitment—Substantial Compliance with Law.—The absence of a formal commitment running to the sheriff, is not ground of reversal; hut, where the defendant was originally committed to the custody of the sheriff by the order indorsed upon the warrant of arrest, and afterward by the order indorsed upon the complaint, the law is substantially complied with, and, in any event, the question whether the sheriff was properly holding the defendant under the commitment could only be material during the time when the sheriff was so holding him.</p> <p>Id.—De Facto Justice of the Peace—Order Cha