Connor

In a complaint filed in the Justice Court for the Auburn Judicial District, Placer County, defendant was charged with a violation of Penal Code section 496 (receiving stolen property—a felony). He appeared before the committing magistrate with counsel, was duly arraigned and advised of his constitutional rights. He waived preliminary examination personally, and his attorney joined therein. The magistrate then bound him over to the superior court. Thereafter the district attorney filed an information accusing defendant, and the latter appeared with counsel before the superior court for arraignment on the information. The trial court, questioning the validity of the waiver and proceedings taken without preliminary hearing, interrupted the proceedings at this point and asked both prosecuting and defense counsel to submit points and authorities. Defense counsel then stated: “I think we are both seeking the same ruling by the court, your honor. One set of points and authorities should be satisfactory. I don’t think there is any argument between the prosecution and the defense concerning the right to waive the preliminary.” After authorities had been submitted the court remained…