Magee

In this action the information was filed on the tenth day of February, 1922, and the case brought to trial on the following 12th of July. The defendant was convicted of the crime of assault by means likely to produce great bodily injury, a felony, as charged in count II of the information. He appeals from the judgment and from an order denying his motion for a new trial.

Section 1382 of the Penal Code provides that “the court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases: ... 2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the finding of the indictment, or filing of the information.” At the beginning of the trial appellant moved that the action be dismissed for the reason that the defendant was not brought to trial within the period prescribed by law, and that all the continuances of the case were made without the consent of the defendant. He now contends that the court erred in denying this motion.

From the clerk’s transcript it appears that on February 17, 1922, the defendant entered his plea of not guilty, and the trial of the action was…