Lane

An information was filed in the court below charging the defendant with the crime of murder, but the same was dismissed by the court on motion of the defendant, on the ground that the defendant had not been legally committed by a magistrate. It appears that the only irregularity in the proceedings before the justice of the peace consisted in the failure of the latter to make a proper indorsement of the commitment upon the complaint at the conclusion of the examination. The court, therefore, ordered that the papers be sent back to the justice of the peace for proper indorsement, and that upon return of the same to the superior court, the district attorney should file another information. This was done by the district attorney, and we think the court properly denied the motion to set aside the second information. It was unnecessary to go into another examination upon the same charge. (People v. Thompson, 84 Cal. 598 ; Pen. Code, sec. 997; People v. Kilvington, No. 21033, this day filed.)

The court did not err in permitting the witness, Williams, to give testimony relating to Flowers, who was killed at the same time and in the same affray which resulted in the killing of Foulk. The…