People v. Lee Look

The defendant was convicted of murder in the first degree, and judgment was pronounced against him imposing the penalty of death. He appeals from the judgment.

The appellant had been convicted of the crime on a former trial, and upon appeal to this court the judgment then rendered and the order denying his motion for a new trial then made were reversed, and the court below was directed to sustain appellant’s demurrer thereto. (People v. Lee Look, 137 Cal. 590 .) "When the remittitur went down the court made an order sustaining the demurrer, and then made an order, under section 1008 of the Penal Code, that a new information be filed. Thereupon the district attorney filed a new information, under which the trial out of which this present appeal arises was had.

There is no contention that any error was committed in the conduct of the said trial; but appellant contends that for certain reasons there should have been no second trial, and that he should have been discharged. This contention is not maintainable.

1. The appellant moved to set aside the information on the ground “that before the filing thereof said defendant had not been legally committed by a magistrate”—in accordance…