In Re Aydelotte

On petition of Aydelotte the writ was issued. Return was made on behalf of the sheriff and a traverse was filed by the petitioner. On these papers, and some evidence produced at the hearing, the matter has been submitted.

By indictment duly found and presented in the superior court of Los Angeles County the petitioner stands accused-of the crime of grand theft. After indictment the defendant was admitted to bail in the sum of $2,500; he -gave bond in that amount and was released from custody. He entered a plea of not guilty and the case was placed on the calendar, to be tried on the seventeenth day of January, 1929, at 10 o’clock A. M. When the case was called for trial, the defendant not being present, his attorney represented to the court that the defendant was confined to his bed by a serious illness. The court continued the-case until 2 o’clock of that day. Thereupon a physician who had been in' attendance upon the defendant and who had examined defendant late the night before testified- that defendant’s condition was such that, according' to the physician’s belief, it would result in defendant’s death if defendant were brought into court. Thereupon the case was continued to…