Wilson

The defendants were charged by information with the crime of burglary, and appeal from a judgment of conviction and an order denying their motion for a new trial.

Upon their arraignment, the defendants moved to set aside the information, upon the ground that they had not been legally committed by a magistrate. The motion was denied, and the exception to this ruling is presented in a bill of exceptions, from which it affirmatively appears that defendants were examined before a magistrate upon a complaint charging them with the *379 crime of burglary, but no order holding them to answer was ever indorsed by the magistrate upon the complaint, or upon the depositions of the witnesses who testified upon such examination. The transcript of the reporter’s notes of the testimony given upon the preliminary examination was also introduced in evidence, in which is embodied the following statement of the proceedings had upon the conclusion of the evidence.

This is followed by the certificate of the reporter, to the effect that what preceded it was a correct transcript of the testimony and of the proceedings in the case. This was all the evidence which the court had before it upon the…