People v. Wickham

Citations

• 113 Cal. 283
• 48 P. 123
• 1896 Cal. LEXIS 777

Syllabus

<p>Criminal Law—Filing Information—Dismissal of Prosecution.—Under section 1382 of the Penal Code, the prosecution of a defendant who has been held to answer, by a committing magistrate, for a criminal offense, must be dismissed, if no information is filed against him within thirty days after the commitment, and no good cause for the contrary is shown by the people.</p> <p>Id,—Failure of Magistrate to Return Paters.—The fact that the papers in the case were retained by the committing magistrate, and were not returned to or filed in the office of the clerk within the thirty days, did not prevent the filing of the information or constitute good cause against the dismissal of the prosecution.</p>