Young

This is an appeal from a judgment sentencing the appellant to suffer the death penalty upon a conviction for murder, and from an order denying his motion for a new trial.

1. A motion was made to set aside the information upon the ground that the defendant had not been legally committed by a magistrate. In support of the motion the defendant, Young, presented his affidavit to the effect that he was a native of Germany, and had a very limited knowledge of the English language; that he did not know or understand that he had a right to counsel at the preliminary examination, and that he did not hear or understand the magistrate inform him that he had such right. As opposed to the motion, the prosecution introduced a part of the record of the proceedings of the preliminary examination, from which it appeared that the defendant was fully informed of his rights, and thereupon stated to the committing magistrate that he desired no counsel, and was then ready to have the examination proceed. The answers of the defendant td the interrogatories put to him at the time by the magistrate indicate a full comprehension upon his part of the *11 nature and character of the proceedings that were…