Ex Parte Hayter

The petition alleges that, on the twenty-sixth day of October, 1910, a complaint was filed in the justice’s court of township No. 2, in the county of Merced, jointly charging the petitioner and one Walter Hayter with the crime of obtaining property from one A. Dastrevigne by false and fraudulent representations. A warrant was thereupon issued by the magistrate, and, on the fifth day of November, 1910, said warrant was served on the petitioner, who was brought before said magistrate, by whom petitioner was, on the fifteenth day of December, 1910, preliminarily examined on said charge and an order made holding him to trial in the superior court of said county. Upon said order the district attorney, in due time, filed an information, thereby attempting to inform against petitioner for the crime for which he was ordered held by the magistrate.

After several postponements of the matter the defendant appeared for arraignment upon the information thus filed on the twenty-third day of January, 1911. The petitioner moved to set aside said information on certain statutory grounds. This motion was denied by the court, and thereupon the petitioner interposed to the information a demurrer,…