In Re Emmett

This cause is before us upon the application of the above-named petitioner for discharge after trial and conviction on a charge of battery in the police court of the city of Sacramento.

The record before us shows that by a complaint filed in the Justice’s Court of the City of Sacramento, on the eleventh day of May, 1931, the above-named petitioner was accused of the crime of battery. The date of the arrest in pursuance of this complaint does not appear in the record, but thereafter, and on the eighteenth day of May, 1931, the petitioner appeared in court with his counsel, whereupon the trial of. petitioner upon said charge was continued until May 20, 1931.' On May 20, 1931, the petitioner, together with his counsel, appeared in court and the sole plea of “not guilty” was entered. Trial on the charge referred to was set for June 10, 1931. Thereafter trial was had before a jury in said court and a verdict of “guilty” returned by the jury, sentence being pronounced in accordance therewith by the judge of said court imposing a fine of one hundred dollars, with an alternative in jail in the event that said fine be not paid.

The record shows that the occurrences incident to, and…