Salas

The sole proposition involved in this appeal is as to whether or not the court committed error in granting a motion to set aside the information on the ground that the defendant had not been legally committed by a magistrate. The motion was. made on the sole ground that at the time of the preliminary examination the defendant, who was not represented by counsel, was not informed by the magistrate of any of his rights whatsoever, in .violation of the requirements of section 858 of the Penal Code.

The defendant was a man unfamiliar with the English language and could speak and understand only the Spanish language. He was not represented by counsel at any stage of the proceedings, until the matter was up on this motion before the superior court. Without being informed of any of his rights by the magistrate, he was sworn and examined at the preliminary hearing. The committing magistrate having failed to instruct the defendant of his constitutional rights, the matter comes within the authority of the case of People v. Napfhaly, 105 Cal. 643 [ 39 Pac. 30 ], where they say: “Our constitution (art. I, sec. 13) guarantees the right of every person charged with crime, in any court…