Coombs

People v. Coombs

Good Law
1908 Cal. App. LEXIS 7·9 Cal. App. 262·98 P. 686
Court of Appeal of CaliforniaOctober 31, 1908Crim. No. 71.California887 words

Opinion

Lead Opinion

Chipman, J.

Defendant was informed against for the crime of perjury alleged to have been committed in register ing as a voter. When called upon to plead in the superior court he demurred to the information and also filed a motion to set it aside upon the following grounds: That prior to the filing of the information against him he had not been legally-committed by a magistrate because of the insufficiency of the complaint filed in the magistrate’s court. This alleged insufficiency consisted in the claim that the said complaint was not based upon the personal knowledge of the complaining witness; that no depositions of persons knowing the facts of the case of their own personal knowledge were attached to said complaint or made part thereof, and hence the issuance of the warrant of arrest was illegal and void; that the commitment and the succeeding proceedings were illegal and void; “that the testimony of the two witnesses, H. P. McBeth and W. M. Cleveland, consisted entirely of questions and answers touching their qualifications to administer oaths and regarding statements made by defendant at two different times and in a manner contradictory to each other, but no attempt was made or was any…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.