Courtright

The defendant was convicted of robbery and appeals from the judgment of conviction and from an order denying a new trial.

The insufficiency of the record is such that no review can be had of the action of the court in denying the motion to set aside the information on the ground that before the filing thereof the defendant had not been legally committed by a magistrate. (People v. Lonnen, 139 Cal. 634 , [ 73 Pac. 586 ]; People v. Williams, 8 Cal. App. 595 , [ 97 Pac. 684 ].)

Upon the trial of the cause, the prosecuting witness testified that" he was living alone in his bungalow at Redondo, and left his home about half-past 6 in the evening and did not .return before 10 the same evening; that upon his return he discovered that his house had been entered during his absence, and trunks and drawers had been opened and the contents disarranged; that he discovered the odor of tobacco smoke in the house; that an examination of one of the drawers showed that a revolver kept by him therein was missing, and that he found lying upon a chair a drift bolt, which was produced in court; that observing these conditions he instituted a search through the house, and upon opening the bathroom door…