Bettencourt

The defendant was accused by the district attorney of Butte County of the crime of grand larceny, in that, on the first day of May, 1923, he did then and there “wrongfully, willfully and feloniously steal, take and carry away one magneto of the value of $90 . . . , the personal property of Cal Jackson,” etc. The jury convicted him of the charge so made and he appeals from the judgment of conviction and the order denying his motion for a new trial.

The points urged for a reversal of the judgment and the order appealed from are: That error was committed in the order denying the defendant’s motion to set aside the information on the ground that he was not legally committed by a magistrate, “and that no commitment was on file or in the clerk’s office at the time the information was filed against the defendant”; that the evidence was insufficient to justify the verdict; that error was committed in the act of the court in refusing to give certain instructions preferred by the defendant.

The motion to set aside the information was properly denied. The showing made on the motion was that the defendant was given a preliminary hearing on the charge stated in the information before the…