People v. Western Meat Co.

The appeal is by the people from an order of the superior court of Sacramento county setting aside the information on the ground “that before the filing thereof the defendant had not been legally committed by a magistrate.” (Pen. Code, see. 995.)

The particular infirmity in the proceedings before the magistrate which was urged at the hearing of the motion was set forth by respondent as follows: “That said defendant was never summoned to answer any charge in any court in accordance with the requirements of section 1390 or of sections 1391 to 1396, both inclusive, of the Penal Code of California,” and “that said defendant never appeared, either in person or by counsel, before the committing magistrate or any magistrate to answer to the charge set forth in the information filed in this proceeding or any other charge.” In brief, the reason for urging the dismissal was that defendant had no notice to appear, and that it actually did not appear, either personally or by counsel, at the examination, and hence the committing magistrate had no authority to hold it to answer.

Said section 1390 provides that “upon an information or presentment against a corporation, the magistrate must…