Stuckrath

This is an appeal from a judgment of conviction of the crime of bigamy, from an order denying defendant’s motion for an arrest of judgment, and from an order denying his motion for a new trial. The order denying the motion for an arrest of judgment is not appealable.

Appellant contends that the trial court erred in denying a motion made by him to set aside the information, the general point being that he was not legally committed by a magistrate. The motion was made upon two grounds, the first of which was that appellant’s preliminary examination was not terminated as required by Penal Code, section 861, which reads: “The examination must be completed at one session, unless the magistrate, for good causé shown by affidavit, postpone it. The postponement cannot be for more than two days at each time, nor more than six days in all, unless by consent or on motion of the defendant. ’ ’

These are the facts involved in appellant’s contention: The preliminary hearing was postponed four times, each continuance being for a period of more than six days, the extreme limit fixed by section 861. The first continuance was granted upon the application of respondent and with the consent of…