Hudson

The plaintiff appeals from an order dismissing an information which, in three counts, charged the defendant with the commission of the crime of burglary. The several counts refer to the same acts, differing only in the intent with which they were done. The intent described in the first count was to commit the crime of larceny; the second, murder; the third, rape. The complaint before the committing magistrate charged that the defendant entered the apartment of one Irma V. Meyer with intent “to commit the crime of larceny and then and there to bill and murder the said Irma V. Meyer. ” The defendant’s motion to set aside the information was based upon the ground “that before the filing of said information said defendant had not been legally committed by a magistrate for the offenses set forth in the information. ” At the hearing of said motion on May 26, 1917, the superior court entered in its minutes an order “that the said motion to set aside the information be and the same is hereby denied. . . . It is now by the court ordered that the within matter be and the same is hereby continued for further discussion” until ' May 28, 1917.

The foregoing facts appear from thg information…