People v. Van Zandt

The defendant in this action was convicted in the Superior Court of Riverside County of the crime of driving an automobile while under the influence of intoxicating liquor. The information alleges that the defendant on December 11, 1931, at the county of Riverside, state of California, did wilfully and unlawfully drive an automobile along and over that certain public highway in the county of Riverside, to wit, State Highway No. 26, the defendant being then and there and while so driving and operating said automobile, under the influence of intoxicating liquor. After arraignment the defendant filed a demurrer and motion to dismiss the information on the ground that he had not been legally committed by a magistrate for the reason that it did not appear in the transcript of the preliminary examination in what township the alleged crime was committed or whether or not State Highway No. 26 was a public highway. Nowhere in the transcript on this appeal, however, does the evidence produced at the preliminary examination appear. The demurrer was overruled and the motion to set aside the information denied. Thereupon the defendant pleaded not guilty and the case was se.t for trial before…