Cordts

This is an application for a writ of mandate directed to the superior court of the county of Mendocino requiring the dismissal of an information for misdemeanor filed on the sixteenth day of February, 1921.

The petition alleges that the trial of the action was set. for April 18th and prior to said date was continued to May 2d; that on May 2d both parties answered “ready”; that thereupon “a jury was impaneled, but just prior to being sworn, upon motion of the district attorney, based upon the absence of the witness Bailey,” the court “discharged the jury and continued the matter for trial and refused to try the said matter; all against the objections and against the protests of your petitioner.” It is further alleged that the said Bailey is a material witness for the prosecution; that he was subpoenaed to attend the trial on April 18th; that on the fifteenth day of April he went from his home in Eureka to attend the trial at Ukiah and was then informed by the district attorney of the continuance of the trial and that his attendance would be required on May 2d, whereupon the witness returned to Eureka; that the district attorney knew the street address of the witness in Eureka and…