In Re Northon

Petitioner herein seeks to be discharged from the custody of the sheriff of the county of San Diego. The return made to the writ shows that the sheriff claims the right to keep petitioner in custody by virtue of a writ of commitment issued on the twenty-second day of October, 1917, by a justice of the peace, whereby petitioner was held to answer for trial in the superior court on the charge of murder. The return further shows that following the order of commitment an information was filed by the district attorney in the superior court formally charging petitioner with the crime mentioned, and that proceedings thereunder are pending. The particular ground urged as a reason why the order sought should be made is that at the preliminary examination of petitioner it was suggested to the justice that petitioner was under the age of eighteen years, and that, therefore, the proceeding should have been certified to the juvenile court under the provisions of the act of the legislature of 1915 (Stats. 1915, p. 1225). A transcript of the testimony heard and proceedings had before the justice of the peace is appended to the petition. It appears therefrom that before any wit-° nesses were…