People v. Williams

This is an appeal on the part of the defendant from a judgment of conviction of the crime of burglary.

The only assignment of error upon which it is urged the judgment should he reversed is the denial of the defendant’s motion to set aside the information filed against him upon the ground that he had not been legally committed by a magistrate before the filing of the information.

It appears from the minutes of the trial that, in support of the motion, defendant introduced in evidence the transcript of the proceedings of defendant’s preliminary examination had before the justice of the peace as transcribed by the shorthand reporter who acted in such capacity at said preliminary hearing. This evidence is not incorporated in a bill of ex ceptions, but is set forth in the minutes of the trial. The appeal is upon the judgment-roll.

An order denying a motion to set aside an information is not an appealable order, but reviewable on appeal from the judgment under the provisions of section 1259 of the Penal Code, which is as follows: “Upon an appeal taken by the defendant from a judgment, the court may review any intermediate order or ruling involving the merits, or which may have…