Ayhens

The defendant was charged with the crime of obtaining property by false pretenses. The information against him was filed in the superior court on the seventeenth day of October, 1889, and it alleged that the crime was committed on the twenty-sixth day of June, 1888. The defendant demurred to the information, upon the ground, among others, that the prosecution was barred by the provisions of section 801 of the Penal Code. The court sustained the demurrer and dismissed the case, and the people appeal.

1. The Penal Code made the offense charged, at the time of its alleged commission, a misdemeanor (secs. 17, 533); and it provided that an information for any misdemeanor must be filed within one year after its com *88 mission. (Sec. 801.) It is, however, argued for appellant that the “ information ” referred to in the above section is the complaint made before a committing magistrate for the issuance of a warrant of arrest, and that, as the complaint in this case was filed within a year, the prosecution was not barred.

The constitution provides as follows:—•

And the Penal Code contains the following provisions:—

From these provisions it very clearly appears, we think, that the…