Weber

The information charges that the defendant was “a prisoner lawfully committed to the state prison . . . at Folsom . . . for a term less than life; and . . . while at work outside such prison, to wit: in the County of Shasta, State of California, under the surveillance of prison guards of said Folsom prison, did . . . willfully, unlawfully and feloniously escape from the surveillance of said prison guards.” The charge was proved by uncontradicted evidence and the jury returned a verdict of guilty. The defendant prosecutes this appeal from the judgment.

The defendant moved the trial court to dismiss the information on the ground, in substance, that he had not been legally committed by a magistrate. The particular ground of objection made was that defendant was denied his constitutional right to a public examination before the committing magistrate, “in that the trial was not had in any justice court, but was had . . . behind prison walls, that is to say, in the office of the warden of the California state prison, situate in the prison inclosure of the Folsom state prison.’’ In People v. Tarbox, 115 Cal. 57, 62 [ 46 Pac. 896, 897 ], it is said: “'There can be no question that a…