Bird

The defendant was convicted of manslaughter. He appeals from the judgment and from an order denying his motion in arrest of judgment.

By a complaint filed in the municipal court of the city of Los Angeles, the defendant was charged with the crime of the murder, on November 26, 1929, of Pereival Graham Watson. After a preliminary examination the magistrate concluded that a felony had been committed, that there was reasonable cause to believe that the defendant had committed it, and held the defendant to answer in the superior court for the crime of manslaughter. In due time the district attorney filed an information charging the defendant with the crime of manslaughter. Thereafter the district attorney, before trial, requested the permission of the court to amend the information so as to charge the defendant with murder. The application was denied. Following the denial of a second motion to amend, the district attorney moved to dismiss the information with permission to file in the municipal court a new complaint charging murder. The motion was granted and the new complaint was filed in the municipal court charging murder. A second preliminary examination was held at which, by…