Beach

This appeal is from an order setting aside an information on the ground that defendants had not been legally committed.

It is contended that the defendants had not been legally committed because the evidence before the magistrate did not show *38 that a public offense had been committed. If the magistrate had no power or jurisdiction to hold the examination, if no complaint had been made charging the defendants with a public offense, and perhaps if no evidence at all was taken by the magistrate, zand there was no waiver by the defendants, it might beheld that the defendants had not been legally committed. (People v. Howard, 111 Cal. 655 .) The phrase “legally committed” refers to the examination of the charge and holding the defendant to answer by the magistrate. (Ex parte Baker, 88 Cal. 84 .) If a magistrate, upon a complaint duly made and charging a public offense, has heard the evidence and has committed the defendant, that ends the matter so far as concerns this motion.

The question here is *■ as upon habeas corpus, whether a person is illegally deprived of his liberty, but whether he can legally be tried upon a criminal charge. A preliminary examination and commitment by a…