Fritz

The appellant was convicted in the superior court of the city and county of San Francisco of the crime of misdemeanor, to wit, a violation of section 17 of the state Medical Practice Act (Stats. 1917, p. 93), and was sentenced to pay a fine of three hundred dollars, or, in default thereof, to be confined in the county jail for a term of sixty days. She appeals from the judgment of conviction and sentence.

[1] The information in the case is not subscribed by the district attorney or anyone acting in his behalf, for which reason the appellant contends that there is no valid information on file. It is undoubtedly the law that an information in this state must be subscribed by the district attorney (Pen. Code, sec. 809), and that the information must be set aside by the court in which the defendant is arraigned, upon his motion, if it be not so subscribed. (Pen. Code, see. 995.) But, if the motion to set aside the information is not thus timely made, and none was made in this case, the defendant will be held to have waived the objection, and is precluded from afterward taking advantage of the defect. (Pen. Code, sec. 996; People v. Johnston, 48 Cal. 549, 550 ; People v. Villarino, 66…