Christian

The defendant, Christian, was convicted of the crime of assault with a deadly weapon upon the person of one George Massino, and now appeals from the judgment and order denying his motion for a new trial.

Upon being called to plead to the information, he moved to set it aside upon the ground that he had never been legally committed by a magistrate. And we think the proper disposition of that motion demands a reversal of the judgment. The inception of the present prosecution is founded in a complaint laid before a magistrate upon the oath of one Mck Savage. In that complaint John Doe, alias, is charged with an assault with a deadty weapon upon the person of one George Magin. At the conclusion of the preliminary examination the magistrate entered his order of commitment upon the back of the complaint, reciting that, “ It appearing to me that the offense of an assault with a deadly weapon, to wit, a pistol, has been committed, and that there is sufficient cause to believe that the within named Harry Christian, arrested under the name of John Doe, guilty thereof, I order that he beheld to answer to the same,” etc.

*473 The district attorney thereupon filed an information against the…