Encinas

On December 15, 1959, Indictment Number 222242 was returned against defendants Handy and Encinas charging them with selling marijuana in violation of section 11531 of the Health and Safety Code, and Handy with a prior misdemeanor conviction under section 11500. Defendant Handy admitted the prior conviction; and on their pleas of not guilty to the main charge the jury returned a verdict of guilty against both defendants. Only Handy appeals from the judgment of conviction.

Appellant raises numerous claims of error which relate mainly to the time within which he was brought to trial, the sufficiency of the indictment, the admission of certain evidence, the conduct of the trial judge and the representation given him by his counsel.

Referring to the contention that the lower court erred in denying his motion to dismiss the indictment for failure to bring him to trial within 60 days from the filing of the same, appellant submits that he refused to waive time on February 15, the day his trial commenced, and argues variously that in any event he had no opportunity during any of the prior pro ceedings to object to the setting of the trial past the 60-day period, that in fact he did voice…