Jori

The district attorney filed an information against the defendant charging him with having committed a felony. (Pen. Code, sec. 288.) The defendant entered a plea of not guilty and a trial was had before the court sitting with a jury. .The jury returned a verdict of guilty, the defendant made a motion for a new trial, the motion was denied and judgment was entered on the verdict. The defendant has appealed from the order and from the judgment.

The defendant complains that certain continuances were “granted” in violation of the provisions of section 1050 of the Penal Code. The defendant entered his plea on January 21, 1929. On that date the cause was set for trial on February 6th; on that date the trial was put over to February 11th; on the eighth day of February the date of the trial was further put over until the twenty-fifth day of February; and on that date it was put over until the next day, the twenty-sixth, and at that time the trial commenced. At no time did the prosecution ask for a continuance and no continuance was “granted.” The record shows facts from which it can be inferred that the trial court was busy in the trial of other criminal cases during all business hours…