Sehorn

The defendant was charged by the information with murder, and was convicted of manslaughter; and he appeals from the judgment and from an order denying his motion for a new trial.

A great part of appellant’s brief is devoted to technical points touching the regularity and validity of the proceedings before the committing magistrate on the preliminary examination upon which the information is founded; and it is contended that, on account of alleged defects in said preliminary proceedings, defendant’s motion to set aside the information should have been granted. The general rule as to such points is that, after a defendant has been tried upon an information and convicted, the conviction will not be set aside for mere irregularity in the preliminary examination which does not affect any of the substantial rights of the defendant. As was said by this court in People v. Rodrigo, 69 Cal. 602 : “To justify the quashing of the information it must at least appear that the defendant was deprived of some substantial right.” The facts in the case at bar touching these points, so far as they are material, are as follows: On October 7th complaint was duly made before Frank McNorton, justice of…