The cases and statute hold that a felony complaint may be filed in any judicial district in the county in which the offense was committed, and the magistrate of the court in which the complaint is on file may conduct the preliminary examination. ( People v. Jones (1963) 221 Cal.App.2d 619, 621 [ 34 Cal.Rptr. 618]; Pen. Code, § 859.) A magistrate is purely a creature of statute, the holder of a statutory office separate and distinct from the elective office of judge.
With respect to the holding of preliminary examinations, any magistrate in the county where the offense was committed — including, by statute, a justice of the peace — and before whom the defendant is brought, has jurisdiction to hold such an examination. West's Ann. Penal Code § 808; People v. Jones, 221 Cal.App.2d 619, 34 Cal.Rptr. 618; People v. Kepford, 10 Cal.App.2d 128, 51 P.2d 429; People v. Calkins, 8 Cal.App.2d 251, 47 P.2d 544; People v. Van Zandt, 123 Cal.App. 520, 11 P.2d 645. Texas, as Arizona, places criminal jurisdiction of its justice courts over misdemeanors within the precinct of the respective justices of the peace.
Sections 859 and 860 of the Penal Code clearly indicate that, in a felony case, the preliminary hearing shall be held in the court in which the complaint has been filed and that the complaint may be filed in any court in the county in which the offense is triable. (People v. Jones, 221 Cal.App.2d 619, 621, 34 Cal.Rptr. 618.) Let a peremptory writ of mandate issue directing the respondent court to vacate its order dated November 4, 1969 only insofar as it relates to the evidence enumerated in footnote 11 hereinabove and to make its order suppressing said evidence enumerated in footnote 11, its order of November 4, 1969 otherwise to remain in full force and effect.