People v. Miller

This is an appeal taken by the People from orders made by the superior court granting defendant’s motion to set aside the information herein, and permitting defendant to withdraw his plea of “not guilty” entered to the charge set forth in the information.

The defendant was charged by the information with the crime of murder. Defendant was placed on trial before the superior court on the charge contained in the information. When the case ivas called defendant, through his attorneys, answered in reply to a question by the court that he was ready for trial. The court then ordered that a jury be impaneled. During the impanelment of the jury and before the jury had been sworn to try the cause, defendant’s attorneys made the following motion: “We move that the entire preliminary proceedings be set aside on the ground that the defendant was not informed of his constitutional rights, was not informed that he was entitled to the aid of an attorney at all stages of the proceedings, at any time, and neither did he have an attorney. ...” Later the motion was restated as one to quash the information and the preliminary transcript and in that connection defendant also made a motion for…