George C. Mattoon v. B. J. Rhay, Superintendent of the Washington State Penitentiary at Walla Walla, Washington

On July 9, 1959, an information was-filed in the Superior Court of Spokane County, Washington, charging appellant with grand larceny. Appellant was arrested on the same day and bail was fixed at fifteen hundred dollars. Appellant was unable to post bond and remained in custody.

A Washington statute requires that an accused be brought to trial within sixty days after the filing of the information. Appellant’s appointed counsel felt that there might be insufficient time to prepare for trial within that period, and discussed with the prosecuting attorney the possibility of setting the case for trial late in September. It was agreed that the trial would be set for September 10th, but if it then appeared that appellant’s counsel needed more time the prosecuting attorney would agree to a continuance. As it developed, appellant’s counsel was ready for trial on September 10th, and wished to proceed.

In the meantime, on August 12, 1959, the prosecuting attorney had obtained an order to secure the appearance of an out-of-state witness on September 10th. Early in September the prosecuting attorney inquired of the trial court whether appellant’s case would be reached on September 10th, so…