Tibbitts

The respondent was the owner and publisher of a newspaper in the county of San Bernardino, known as the “Labor Journal,” which criticised the conduct of George H. Johnson, who was district attorney of said county. _ Respondent was arrested upon a preliminary complaint filed by Johnson with the justice of the peace of San Bernardino township, charging respondent with libel, a high misdemeanor. A preliminary examination was expressly waived by respondent, whereupon the committing magistrate bound him over to the superior court, and in due time a deputy district attorney filed with the latter court an information embodying the alleged libelous article. Respondent demurred, setting up as grounds thereof fifteen different asserted defects in the preliminary complaint, and as another ground he alleged that the information was based upon another and different offense from that charged in the complaint. His demurrer was sustained by the trial court, and this ruling forms the basis of the appeal here presented.

The demurrer, although demanding that “the complaint and information be set aside and held for naught, ’ ’ does not assign any ground upon which the information could be…