Ex parte Walpole

The petitioner in this case, and one Wash-burn, were arrested upon a warrant based upon a complaint charging them with the crime of murder. They were regularly examined before a committing magistrate, and held to answer to the charge. In due time information was filed against them, and upon arraignment they *363 pleaded guilty. Washburn was sentenced to the state prison for life, but the petitioner was allowed to withdraw his plea, and upon proceedings subsequently had the information was set aside, and the court remanded the petitioner to the custody of the sheriff. Thereupon the judge of the superior court, acting as committing magistrate, again held an examination of the petitioner, and on the evidence adduced he was again held to answer. To this proceeding the petitioner objected, on the ground that the judge, acting as a committing magistrate, had no jurisdiction to hold such examination, for the reason that no complaint had been filed charging the defendant with the crime of murder, or any crime. This objection was based upon the proposition that the original complaint filed in the case was functus officio, and that a new examination could not be had without a new complaint;…