Howard

Defendant -was convicted of perjury in the superior court of the comity of Los Angeles, and *657 appeals from the judgment and an order denying him a new trial.

Upon his arraignment defendant moved to set aside the information, upon the ground that he had not been legally committed by a magistrate. The motion was denied, and its denial is the basis of one of the excep„ tions upon which defendant relies for a reversal of the judgment.

The complaint lodged with the magistrate, upon which the prosecution is founded, attempted to charge defendant with having, on October 25, 1894, at the citjr of Pasadena, in said county, committed perjury before one J. G. Eossiter, the recorder of said city, in falsely swearing to a criminal complaint charging one Howard with a misdemeanor in disturbing a religious meeting. The material part of the complaint, after alleging the taking of the oath, the official character of the officer before whom the same was taken, and his competency to administer such oath, is: u That said defendant did then and there willfully, and contrary to said oath, state as true that this affiant did, on the seventh day of October, 1894, disturb and disquiet an assemblage…