In Re Gere

On the eighth day of September, 1920, an indictment was found by the grand jury of Los Angeles County and returned to the superior court, charging the petitioner and others with the crime of grand larceny.

' Thereupon the court ordered bench warrants issued for the apprehension of the several defendants and fixed bail thereon. The case is referred to as one of a series of “bunco cases.” A codefendant of petitioner, one Otis B. Berry, was arrested, tried, and convicted. The judgment as to him was affirmed in People v. Berry, 191 Cal. 109 [ 215 Pac. 74 ]. On September 20, 1920, the sheriff received the warrant for the arrest of the petitioner. He was taken into custody in the city of Los Angeles on August 13, 1923, duly arraigned in the superior court, and on his plea of not guilty the case was set down for trial on October 8th. The petition herein was filed on September 26th, and the trial has been continued pending a determination of this proceeding.

Petitioner alleges that he is unlawfully restrained of his liberty, first, in that his case was not brought to trial within sixty days after the finding of the' indictment and no good cause shown for the delay, and, secondly, in…