Clayton

Defendant appeals from a judgment of conviction, as well as from an order denying his motion for a new trial, as to each of six counts in an information in which he was charged with the crime of robbery and as to each of two counts therein in which he was charged with feloniously driving an automobile in the absence and without the consent of the owner.

The first point advanced by appellant is that prejudicial error was committed in that the action was not brought to trial within sixty days after the information was filed against defendant.

Subdivision 2 of section 1382 of the Penal Code provides in effect that, unless good cause to the contrary be shown, the trial court must order an action dismissed “if a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the . . . filing of the information.” Briefly, the facts relating to the proceeding in the action preceding the trial were that on April 25, 1927, defendant was arraigned for plea and at that time, on motion of defendant, was given until April 28th to plead to the information against him, which time to plead was from time to time postponed until May 9th, when…