People v. Thompson

Citations

• 84 Cal. 598
• 24 P. 384
• 1890 Cal. LEXIS 850

Syllabus

<p>Criminal Law—Defective Commitment— Setting Aside Information. —When the magistrate who examined the defendant has made a defective commitment by failing to make the indorsement required by statute upon the deposition or complaint returned to the superior court, an information filed thereon is without authority of law, and should he set aside.</p> <p>Id.—Illegal Filing of Papers — Jurisdiction of Magistrate to Recommit after Defective Commitment. — When, by reason of a defective commitment, the superior court cannot try the defendant, the papers sent up by the magistrate are not legally filed in the superior court, have no place therein, but are still within the jurisdiction of the magistrate, and may he returned to him by order of the superior court, and the magistrate may thereupon make a proper commitment, being guided by his docket to show what was actually done at the preliminary examination.</p> <p>Id. — Setting Aside Second Information. — A second information filed after such recommitment cannot be set aside if the recommitment shows the requisite jurisdictional facts.</p> <p>Id.—Neglect of Magistrate to Admit to Bail.—The neglect of the magistrate in recommitting the prisoner to add to the commitment an admission of him to bail is not such omission of duty as to vitiate the commitment, if it shows that all other duties of the magistrate were performed, and the omission is not ground for setting aside an information based upon the commitment.</p> <p>Id.—Deposition — Effect of Void Commitment — No Case Pending — Jurisdiction of Superior Court. — A deposition taken under section 882 of the Penal Code, pending an information upon a void commitment, which is set aside, is not taken in any pending ease, there being no jurisdiction in the superior court to try the defendant, and such deposition cannot he read in evidence upon the trial of a second information filed after a proper recommitment of the defendant.</p> <p>Id.—Evidence — Confession of Defendant — Advic