In Re Sing

The petitioner represents that heretofore an affidavit was signed by one McLaughlin before a deputy county clerk of Los Angeles county charging petitioner with a violation of section 26 of the act know’n as the juvenile court law (Laws 1909, p. 213); that thereafter the probation officer of the juvenile court arrested petitioner and he was taken before respondent, a judge of the superior court of said county; that said judge then and there set the cause for preliminary hearing and examination before himself sitting as a committing magistrate, said examination to be had at 9 o’clock A. M. of the first day of June, 1910; that ■objection being made to the jurisdiction of respondent to conduct such preliminary examination, respondent continued the hearing thereof until the second day of June, at 9 o’clock A. M., for the purpose of hearing evidence and taking testimony; that notwithstanding such continuance, the respondent, on the first day of June, made and indorsed on the affidavit of complaint an order in conformity to section 872 of the Penal Code. It is averred that this order was made and entered by the court without hearing any evidence or taking any testimony. It is further…