Griner

Defendant has been convicted of murder of the second degree, and appeals from the judgment and order denying his motion for a new trial.

The information charging'the commission of the crime is signed with the name of the district attorney of the county, “by T. J. Butts, assistant district attorney.” It is now claimed that there is no authority in law for an assistant district attorney to sign an information in the name of his principal, and that, therefore, the motion to set aside the information should have been granted. The district attorney of Sonoma county is allowed an assistant district attorney by authority of the legislature. It has been held that an information is properly signed when the district attorney’s name is attached'thereto by a deputy district attorney. (People v. Darr, 61 Cal. 554 ; People v. Etting, 99 Cal. 577 .) Again, it is held that an information signed by an assistant district attorney is valid. (People v. Turner, 85 Cal. 432 .) If an information signed by a deputy district attorney in the name of his principal satisfies the law, and if an information signed by an assistant district attorney also satisfies the law, then there can be no question but that…