What is the test for a finding that a defendant has not been legally committed under section 859 of the Penal Code?
California, United States of America
The following excerpt is from Bogart v. Superior Court of Los Angeles County, 34 Cal.Rptr. 850, 386 P.2d 474, 60 Cal.2d 436 (Cal. 1963):
We conclude that the court did not discharge the mandate imposed on it by section 859 of the Penal Code. Failure of the committing magistrate properly to inform an accused of his right to counsel furnishes the basis for a ruling that the defendant has not been legally committed. (People v. Diaz (1962) 206 Cal.App.2d 651, 659, 24 Cal.Rptr. 367.)
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