Haines

This is an appeal by the defendant from a judgment of conviction of the crime of rape. Objection is strongly urged against the ruling of the trial court in denying defendant’s motion for a new trial. Defendant urged his motion for a new trial upon the ground that judgment had not been pronounced within the time provided by section 1191 and, therefore, he was entitled to a new trial under the provisions of section 1202 of the Penal Code.

The verdict of the jury was rendered on March 24th; sentence was continued until March 28th. At that time notice of motion for new trial was given and the court continued the matter until April 6th, the period allowed by statute. Upon April 6th the matter came up for hearing and after argument by counsel was continued until April 7th. Upon this last-named date the matter was referred to the probation officer for his report and continued until April 20th. At the request of the defendant, continuances were had to May 4th, May 25th, June 8th, June 22d, July 6th, July 13th, July 20th, upon which latter date defendant’s request for probation was denied and sentence was pronounced. This was 118 days after the date of the verdict, and three days later…