Ex parte Sternes

On a former hearing of this cause, upon the coming in of the return, it appeared that the prisoner was held under a warrant of commitment issued by a justice of the peace of Nevada County committing the accused to the county jail to await trial on a charge of kidnaping, and that since such commitment, and after the issue of the writ from this court, the district attorney had filed in the superior court of that county an informa *246 tion in due form to put the accused upon trial for the said alleged offense. Petitioner thereupon offered to prove, and to introduce competent evidence for that purpose, that he was held by the magistrate and committed without probable cause, and claimed that upon making such proof he would be entitled to his discharge under subdivision 1487 of the Penal Code.

To the introduction of this proof the respondent objected, on the ground that this court was precluded from going behind the warrant of commitment and inquiring into the question of reasonable or probable cause, by reason of the fact that an information had already been filed against the prisoner, claiming that the information took the place of an indictment by the grand jury, and had. the same…