People v. Williams

Citations

• 84 Cal. 616
• 24 P. 145
• 1890 Cal. LEXIS 853

Syllabus

<p>Criminal Law — Motion to Set Aside Information — Alleged Commitment by Polioe Judge— Failure of Evidf-noe — Presumption upon Appeal. — When a motion is made to set aside an information in the superior court upon the alleged ground that the commitment was made by a police judge having no jurisdiction to commit, and the record upon appeal from a judgment of conviction upon such information does not show by any evidence that the commitment was made by a person claiming to be a police judge, the alleged facts will not he taken as true without proof; but it will be presumed, in favor of the action of the court below, that a proper commitment had been made by a duly qualified magistrate.</p>