Musto

The district attorney filed an information against the defendant and thereafter the defendant pleaded guilty and judgment was duly entered. Thereafter, on February 17, 1928, the defendant made a motion to vacate and set aside the judgment so entered, the motion was denied and from that order the defendant has appealed, bringing up the judgment-roll.

The defendant makes one point which involves a consideration of the following dates: On November 15, 1927, an information was filed charging the defendant with the unlawful possession of intoxicating liquor. On February 3, 1928, the defendant appeared for arraignment, was arraigned and pleaded guilty. The case was then continued until February 6th, for sentence. On that date it was continued until February 7th, when the matter was taken up and the defendant was sentenced. On February 16th the defendant served a notice of motion to vacate and set aside the judgment. On February 17th the motion was presented. On February 20th the motion was denied and the defendant immediately served his notice of appeal from the order denying the motion. It is the contention of the defendant that he should have been brought to trial within sixty days…