Izlar

Appeals from an order denying a motion Appeals to set aside an information, a judgment of conviction of the crime of assault with a deadly weapon, and an order denying a motion for a new trial. The first order is not appeal-able (Pen. Code, secs. 1237, 1238), but the objection to it may be considered under the appeal from the judgment.

Defendant was informed against for the crime of “assault with a deadly weapon with intent to commit murder.” Upon arraignment he moved to set aside the information upon the ground that he had not been legally committed by a magistrate. (Sec. 995.) In support of this motion he eon- tends that he was not informed of his right to counsel upon the preliminary examination. As disclosed by the bill of exceptions, the motion was made on “all the papers on file in the case and specifically the transcript of the proceedings taken at the preliminary examination.” The record on the motion consists of an excerpt from the transcript of testimony taken by the shorthand reporter at the preliminary examination and a certified copy of the docket of the justice before whom the examination took place.

There is a recital in the portion of the transcript read that…