In Re Kawaguchi

The petitioner is held in custody by the sheriff of Sacramento county under an order of commitment for the crime of murder, said order having been made on the twenty-seventh day of December, 1909, by the justice of the peace of Sacramento township, in said county, acting in his ex officio capacity as magistrate.

The petitioner now claims that the magistrate was without jurisdiction to commit him for trial for the alleged reason that the evidence upon which said commitment is founded is insufficient to disclose that a public offense was committed, or, if such offense is sufficiently shown, that there is not enough evidence to establish “sufficient cause to believe the defendant (petitioner) guilty thereof.” (Pen. Code, see. 872.)

A copy of the stenographer’s transcript of the testimony received by the magistrate at the examination of the charge-accompanies the petition here and is made a part thereof, and it is very clear, from an examination of said testimony, that the contention of the petitioner cannot be sustained. The testimony discloses that the homicide occurred at Court-land, in Sacramento county, on or about the twelfth day of May, 1909. The deceased, one Nagatani, and…