Martin

The defendant was convicted of a felony, to wit, the violation of an act to regulate the sale of poisons in the state of California. He made a motion for a new trial, the motion was denied, and he has appealed from the judgment and order.

The information was filed on the twenty-first day of March, A. D. 1921. On the 22d of April, 1921, the defendant filed affidavits and therein asked for an order setting aside the information and an order restoring to him certain things claimed to be his property. In the affidavits the defendant set forth certain facts tending to support the claim that about the time of his arrest the properties mentioned were taken from him by certain officers who had not thereunto been duly authorized by virtue of a search-warrant first had and obtained. Having asserted such facts the defendant thereupon based the claim that his constitutional rights had been invaded, that he had not been legally committed by a magistrate and that the articles of property could not legally be used against him in evidence on the trial of the case in the superior court. In his brief the appellant'treats the whole matter under points 1, 2, 3, 4, and 5. His attack raises a question…