Mullaley

Defendant was convicted of the larceny of a yearling bull and sentenced to the penitentiary for the term of three years.

1. There is no merit in the contention that the court should have set aside the information for the reason that the complaint filed in the justice court was verified before a notary public. Every notary public has power to administer oaths or affirmations. (Code Civ. Proc., sec. 2093.) And, since the statute does not designate any particular officer before whom the complaint must be verified, it necessarily follows that the verification may be attested by anyone authorized to administer an oath. (Dunn v. Ketchum, 38 Cal. 99 .) Every clerk of any court is placed upon the same footing in this respect as a notary, and it has been held that, under the authority given by said section 2093 of the Code of Civil Procedure, the clerk of a police court has authority to administer an oath to a person verifying a complaint, and a motion to set aside an information based thereon, for want of a legal commitment under such complaint, owing to the absence of a legal verification thereof, cannot be sustained. (People v. Vasalo, 120 Cal. 168 , [ 52 Pac. 305 ]; People v. Burns,…