White

Defendant was charged by information filed by the district attorney with the crime of murder. In due time he made a motion in the superior court that the information be set aside “upon the ground that before the filing of said information the defendant had not been legally committed by a magistrate. ’ ’

The motion was granted, and the people appealed to the supreme court, which court, being of the opinion that the appeal should have been taken to this court, transferred the ease to this court for determination of the appeal.

The first ground urged by respondent in support of the order setting aside the information seems to be that defendant was not, before the preliminary examination, informed of his right to the aid of counsel in every stage of the proceedings.

The statute provides that “When the defendant is brought before the magistrate upon an arrest either with or without warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him and of his right to the aid of counsel in every stage of the proceedings.” The docket entry of the magistrate shows that when defendant was brought before the magistrate on the…