Kilvington

The defendant, George Kilvington, was informed against by the district attorney of the county of Santa Clara for the crime of murder, alleged to have been committed at said county on the third day of May, 1892, by the felonious killing of one Henry Schmidt. Upon a trial the defendant was convicted of manslaughter, and adjudged to be punished by imprisonment in the state prison of the state of California, at San Quentin, for the term of seven years. The appeal is from the final judgment, and from an order denying a new trial.

The first point made on behalf of appellant is that the court below erred in refusing a motion on his part to set aside the information. The facts essential to.a correct understanding of the question involved are as follows: On the twenty-fifth day of May, 1892, defendant was examined before a justice of the peace of San Jose, in the county of Santa Clara, on a charge of having murdered Henry Schmidt, and was held by the magistrate on a charge of manslaughter, in the killing of said Schmidt. On the seventh day of June, 1892, the district attorney of said county filed an information for murder *514 against defendant, for killing said Schmidt, which information…