[1] It appearing from a consideration of the petition for the writ, and from the return to the writ heretofore issued herein, that the complaint filed in the justice's court did not state facts sufficient to constitute a public offense, and it further appearing that, *Page 16 for the reason above stated, the commitment under which petitioner is held in custody is void, it is ordered that the petitioner be discharged from custody. (Pen. Code, sec. 647, subd. 7.)