People v. Tarbox

Citations

• 115 Cal. 57
• 46 P. 896
• 1896 Cal. LEXIS 970

Syllabus

<p>Criminal Law—Motion to Set Aside Information — Return of Pre liminary Examination—Order of Commitment—Indorsement upon Depositions—Ministerial Irregularities.—Although good practice requires that the return of the preliminary examination by the committing magistrate should be filed before the information is filed, yet the defendant is legally committed when the magistrate has acted judicially and signed the order of commitment, and entered it upon his docket, and no further action is necessary to enable the district .attorney to file an information for the offense named in the order; and the neglect of the justice to return the record of the preliminary examination before the information is filed, or his failure to indorse the order of commitment upon the complaint or depositions, is a mere ministerial irregularity, not affecting the substantial rights of the defendant.</p> <p>Id.—Public Examination before Magistrate—Exclusion upon Request of Defendant—Waiver of Right.—The defendant has a right to a public examination before the committing magistrate, but under the provisions of section 868 of the Penal Code, he may waive such right by requesting the exclusion of all persons except those specified in that section.</p> <p>Id. — Rape—Evidence — Admissions of Defendant — Corpus Delicti— Pregnancy under Age of Consent.—Upon the trial of a defendant charged with the crime of rape committed upon a girl under the age of consent, evidence that she was pregnant before the age of consent, tiiough not in any manner connecting the defendant with the pregnancy, is sufficient proof of the corpus delicti, to authorize the reception of evidence as to the admissions of the defendant made after his arrest and before his examination.</p> <p>Id.—Insufficiency of Evidence — Opportunity to Commit Offense.— Evidence merely showing a possible opportunity for the commission of the offense, but not excluding reasonable opportunity for its commission by another, is insufficient to sustain