Morino

The defendant was convicted in the court below of the crime of larceny, and sentenced to the state’s prison for the term of four years. In support of his appeal to this court, he contends that the court below erred in overruling a motion made by him to dismiss the case. The motion to dismiss was made on the ground that he was not given a speedy trial. It was shown or stipulated, in support of his motion, that the information against him was filed on the seventh day of August, 1888; that he was arraigned and entered his plea of not guilty on the twelfth day of the same month;' and that he had never made any application for, nor was there any postponement of, the action in his behalf or on his application. The motion to dismiss was made on the nineteenth day of March, 1889. No showing was made on the part of the people, or any attempt made to show any valid reason for the delay. The constitution guarantees a speedy and public trial to every person charged with crime. (Const., art. 1, sec. 13.) The legislature has provided what shall constitute a reasonable time -within which a defendant shall be brought to trial. Section 1382 of the Penal Code provides: “ The court, unless good…