Ex Parte Apakean

The petitioner, charged with the crime of felony, to wit, grand larceny, seeks his discharge upon a writ of habeas corpus. He alleges in his petition that he was arraigned upon said charge upon the fourth day of May, 1923; that upon the seventeenth day of May, 1923, he entered a plea of not guilty; that thereafter, and on June 16, 1923, the cause was set for trial for the twenty-fifth day of July, 1923; that on said twenty-fifth day of July, 1923, when the cause was called for trial, petitioner appeared with his counsel and answered “ready”; that the district attorney requested and obtained a postponement of the trial to the first of August, 1923, over the objection of petitioner’s counsel, who protested against a postponement of the trial beyond the sixty-day period prescribed by the statute (sec. 1382, Pen. Code); that on August 1st said cause was again called for trial; that petitioner appeared with his counsel and answered “ready”; that the district attorney also answered “ready”; that thereupon a jury was regularly examined by respective counsel, was accepted and sworn to try the case; that the district attorney then read the information to the jury and made his opening…