97 P. 684 | Cal. Ct. App. | 1908
This is an appeal on the part of the defendant from a judgment of conviction of the crime of burglary.
The only assignment of error upon which it is urged the judgment should be reversed is the denial of the defendant's motion to set aside the information filed against him upon the ground that he had not been legally committed by a magistrate before the filing of the information.
It appears from the minutes of the trial that, in support of the motion, defendant introduced in evidence the transcript of the proceedings of defendant's preliminary examination had before the justice of the peace as transcribed by the shorthand reporter who acted in such capacity at said preliminary hearing. This evidence is not incorporated in a bill of exceptions, *596 but is set forth in the minutes of the trial. The appeal is upon the judgment-roll.
An order denying a motion to set aside an information is not an appealable order, but reviewable on appeal from the judgment under the provisions of section
In discussing a like order, the supreme court inPeople v. Simmons,
The proceedings here, however, have not been brought up by bill of exceptions, nor in any other mode of authentication provided by law. By express provision of section 1172 of the Penal Code exception may be taken by either party to the decision of the court in granting or denying a motion to set aside an information. And section
The judgment is affirmed.
Allen, P. J., and Taggart, J., concurred. *597