Turner

The defendant was charged by information with the crime of libel, and was tried and convicted. This appeal is from the judgment of conviction and from an order denying defendant’s motion for a new trial.

Upon his arraignment the defendant moved the court to set aside the information upon the ground that he had not been legally committed for trial by a magistrate. The motion was denied. Such denial is the first of the grounds urged by the appellant for the reversal of the judgment.

Section 872 of the Penal Code provides that if it appears upon an examination that a public offense has been committed, and there is sufficient cause to believe that the defendant is guilty thereof, the magistrate must make or indorse on the complaint an order, signed by him, to that effect. Under the authorities, in so far as the section requires that the order shall be indorsed upon the complaint, it may be regarded as directory; and it is sufficient if.the indorsement be reduced to writing and signed by the magistrate and entered upon his official docket or upon the complaint or deposition (P eople v. Tarbox, 115 Cal. 57 , [ 46 Pac. 896 ]; People v. Wilson, 93 Cal. 377 , [ 28 Pac. 1061 ].) In this…