“ Petitioner, when he asked for a preliminary hearing, was incarcerated and charged by affidavit with the offense of vagrancy. Neither an indictment nor a bill of information had been filed against him. In that state of the proceedings the motion for a preliminary examination was granted and a hearing set for March 8, 1962, and then continued to March 9. On March 9 the District Attorney filed an information charging the accused with the crime of vagrancy. ”

“ Petitioner, who was before the state court 'on a charge of vagrancy,' [1] raised several objections to a denial of a preliminary hearing. The third of these reads as follows:
'* * * that the bill of information charges no offense known to law and if it charges an offense within the meaning and intentment (sic) of a Louisiana statute, then both the statute and the bill of information are unconstitutional, null, and void, as being violative of the guaranties contained in the United States Constitution and of the Louisiana Constitution and Laws ”