Perea
People v. Perea
Opinion
lead Opinion
Crail, J.
The contention of appellant is that he was not accorded a speedy trial to which he was entitled under article I, section 13, of the constitution, nor a trial within the time provided in sections 681a, 1050, and 1382 of the Penal Code.
Section 681a is general in its terms and directory merely. It requires that all proceedings in criminal eases shall be had and determined at the earliest possible time.
Section 1050 reads as follows: “The court shall set all criminal cases for trial for a date not later than thirty days after the date of entry of the plea of the defendant. No continuance of the trial shall be granted except upon affirmative proof in open court, upon reasonable notice, that the ends of justice require a continuance. No continuance shall be granted for any longer time than it is affirmatively proved the ends of justice require. Whenever any continuance is granted, the court shall enter in its minutes the facts proved which require the continuance. Criminal cases shall be given precedence over civil matters and proceedings. If any court is unable to hear all criminal cases pending before it within thirty days after the respective defendants have entered their pleas,…