Cokahnour

The objection that defendant was not legally examined and committed before information filed is untenable; and the motion to set aside the information on that ground was properly denied. The case of Kalloch v. Superior Court, 56 Cal. 229 , is not in point. In that case the defendant attempted to waive examination and it was held this could not be done; that the statute contemplates an examination as a basis of commitment. In this case there was no waiver or attempt to waive the “examination.” All that defendant waived was time to prepare for examination, and asked that it be proceeded with at once; which was done. The objection that the proceedings did not constitute an examination because no witnesses were sworn is not well founded. "Upon being informed of the charge against him, and his rights in the premises, the defendant voluntarily made a written confession, or statement, before the magistrate, acknowledging the commission of the offense. This was competent and sufficient evidence upon which to hold him to answer. It was not necessary to swear -witnesses to prove facts which the defendant voluntarily confessed.

There is no substantial merit in the other points made. It was…