Wallace

The defendant was charged by information with the crime of grand larceny, and appeals from a j'udgment of conviction, and an order denying his motion for a new trial.

*499 1. Upon his arraignment, the defendant moved to set aside the information, upon the ground that he was not legally committed before its filing. The motion was denied, and the exception to this ruling is made a part of the record by a bill of exceptions, from which it appears that defendant was in fact examined before a justice of the peace upon a charge of grand larceny, and as a result of such examination, an order was made by the justice holding him to answer said charge before the superior court. This order was entered in the docket of the justice, but was not indorsed upon the complaint, nor was there any written commitment of any kind on file in the superior court, and it did not appear that the testimony of any of the witnesses upon the preliminary examination was reduced to writing. Section 872 of the Penal Code provides that when a defendant is held to answer, “the magistrate must make or indorse on the deposition an order signed by him ” to that effect; and it is claimed by appellant that this section…