In Ex Parte Baker (1891) 88 Cal. 84, the prosecution filed a second information under section 997 after the first information was set aside because the defendant had not been legally committed by a magistrate. A preliminary hearing was never held after the filing of the second information. Shortly before his trial commenced, the defendant filed a petition for writ of habeas corpus on the ground that he had not been legally committed by a magistrate. The Supreme Court agreed and ordered him discharged. ( Id. at p. 85.) The Baker court observed that at the time, there were two grounds for setting aside an information under section 995: (1) the defendant had not been legally committed by a magistrate before the information was filed; and (2) the information had not been subscribed by the district attorney of the county. In the later situation, the court could simply order a new information filed under section 997. If, however, the defendant had not been legally committed, "then he must be taken before a committing magistrate for another examination, if the district attorney desires to further prosecute the case." (Ex Parte Baker, supra, 88 Cal. at p. 85.)