Scott

This appeal is taken by the appellant Davis, proceeding in propria persona, from “my conviction and sentence.” We consider it to be an appeal from the judgment. (People v. Hollis, 176 Cal.App.2d 92, 94 [ 1 Cal.Rptr. 293 ]; see People v. Robinson, 43 Cal.2d 143, 145 [ 271 P.2d 872 ].)

On December 16, 1959, an indictment was presented to the court and filed with the clerk in which it was charged that the appellant (therein named as Clyde Means) and one Laverne Scott (Rowe) violated section 11501 of the Health and Safety Code in that they did “sell, furnish and give away” heroin. On February 9, 1960, the public defender was appointed to represent the appellant, the appellant was arraigned and the time for pleading to the indictment was continued to February 15, 1960. On the latter date, he entered a plea of not guilty and his trial was set for February 17, 1960. On the day of the trial, his counsel made a motion to dismiss the indictment pursuant to section 1382 of the Penal Code on the ground that the appellant had not been brought to trial within 60 days after the finding of the indictment. The motion was taken under submission and the matter continued to the next day. On February…