Murphy v. Superior Court

This is an application for a writ of mandate to compel the superior court of the city and county of San Francisco to dismiss a number of criminal actions pending therein in which the petitioner in this proceeding is the defendant, on the ground that said actions were not brought to trial within sixty days after the finding of the indictments against the defendant.

The federal constitution and also that of this state provide that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, and the Penal Code of this state also contains a provision (sec. 1382, subd. 2) that “the court, unless good cause to the contrary is shown, must order the prosecution to be dismissed. . . . (2) If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the finding of the indictment or filing of the information.”

From the record herein it appears that in the month of December, 1920, six indictments for felony were found against the petitioner; that upon one of them he was tried and convicted in said superior court in the latter part of December, 1920, in consequence of which he is now serving a…