George

This is an appeal taken by the people from an order of the superior court sustaining a motion of the respondent to set aside the information, which charged him with felonious assault upon Frank Botano. The motion was made “upon the ground that before the filing thereof the defendant had not been legally committed by a magistrate for the offense charged in the information.” The point rests entirely upon the alleged insufficiency of the complaint made before the magistrate upon the preliminary examination. The part of said complaint necessary to he considered is as follows:

The order appealed from is reversed.

Temple, J., and Henshaw, J., concurred.