PEOPLE v. SMITH

Docket No. 5902.

153 Cal.App.2d 84 (1957)

313 P.2d 896

THE PEOPLE, Respondent, v. EUGENE J. SMITH, Appellant.

Court of Appeals of California, Second District, Division Two.

August 1, 1957.


Attorney(s) appearing for the Case

Walter L. Gordon, Jr., for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Victor Griffith, Deputy Attorney General, for Respondent.


FOX, J.

Appellant's sole ground of appeal is that the court erred in denying his motion to dismiss because his case was not brought to trial within 60 days after filing the information, as provided in Penal Code, section 1382, subdivision 2.

An information charging appellant and defendants Mitchell and Lynch with three counts of robbery was filed on September 7, 1956. The case was initially set for trial on the following October 25th. On that date the trial...

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