In Re Huber

On the ninth day of December, 1929, the above-named petitioner was bound over to appear before the Superior Court of the county of Calaveras to answer a charge of burglary, and prosecutes this application to be discharged on the various grounds set out in section 1487 of the Penal Code, and particularly on the seventh subdivision thereof, that the defendant was held to answer without reasonable or probable cause. Upon this application it is urged that the hearing before the magistrate must establish the following, to wit:

Section 777 of the Penal Code specifies that the jurisdiction is vested in the courts of the county where the offense was committed. Section 811 of the Penal Code reads as follows: “When an information is laid before a magistrate, of the commission of a public offense triable within the county, he must examine, upon oath, the informant or prosecutor and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them.” Then, that a warrant shall be issued and a preliminary examination held. Sections 827 and 828 of the same code provide the procedure when the offense is triable in some other county.…