Turner

Information for murder, conviction of manslaughter.

1. The first point made is, that the court erred in refusing to strike the information from the files : (a)

Because it had not been preceded by an examination before a committing magistrate ; (b) because it had not been signed, presented, or filed in open court by the district attorney of the county. The first information filed had been set aside, and before the filing of the information upon which the trial and conviction was had, an examination had been regularly had before the judge of the superior court sitting as a committing magistrate. J. H. Stewart was the district attorney of the county. He had never made any formal appointment of a deputy or assistant district attorney, but the board of super *433 visors of the county had, before that time, under a provision of the county government act, as it then stood, authorizing them to provide for the appointment of an assistant district attorney whenever in their judgment they should deem it necessary, not only provided for the appointment of one, but, believing that the board was the proper party to make the appointment, had appointed J. J. May to that position. He had duly…