Cody

This is an appeal from a judgment denying a petition for a writ of mandate to compel respondent justice court to enter a dismissal of an action pending therein against appellant.

On April 14, 1964, a criminal complaint was filed in the Justice Court of the Benicia Judicial District, County of Solano, charging appellant with a violation of Penal Code section 242 (battery), a misdemeanor. On that date appellant was arrested and released on his own recognizance. On April 16, 1964, appellant’s counsel appeared and the cause was continued until April 28, 1964. On April 28, appellant’s counsel appeared and entered a plea of not guilty on behalf of appellant, whereupon the court set the cause for trial on June 25, 1964, without objection by said counsel. On June 22, 1964, pursuant to a stipulation in open court between counsel for the parties, the trial was continued to October 13. On October 13, pursuant to a similar stipulation, the trial was continued to November 17, 1964. Defendant did not appear personally on any of the foregoing occasions.

On November 5, 1964, appellant filed a motion to dismiss and for a change of venue. The court denied the motion to dismiss but granted…