After hearing the proofs and the statement of the defendant, if he have one, or his testimony if he testifies if it appear either that a public offense has not been committed, or that a public offense has been committed, but there is not sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an endorsement on the complaint over his signature to the following effect:
There being no sufficient cause to believe the within named A. B. guilty of the offense within mentioned, I order him to be discharged.
R.L.1910, § 5678.