Strong

This is an orignal proceeding in which this court is asked to issue a writ of mandamus commanding the judge of the superior court of Yolo County to dismiss a certain criminal action pending in that court against the petitioner, John B. Strong. It appears that on September 8,1892, an information was filed in that court charging the petitioner with the crime of assault with intent to commit murder, but he was not arraigned thereon until the twenty-sixth day of November following. The petitioner neither applied for nor consented to this delay, and upon his arraignment moved the court to dismiss the prosecution upon the ground that be had not been brought to trial within sixty days after the filing of the information. The superior court after listening to an oral statement of the district attorney, in which that officer gave his reasons for not moving in the matter of the petitioner’s arraignment and trial at an earlier date, denied the motion. In passing upon the motion the court also took judicial notice of the fact that in the arrangement of business upon its calen *101 dar, the trial of jury cases had been fixed to commence on October 7, 1892, and that the jury appearing on that…

— A person charged with a criminal offense has a right to a speedy trial, in order that if innocent he may go free. To detain him in custody, or to compel him bv the exaction of bail to dance attendance upon a court while his trial is arbitrarily postponed without his consent, is not only a wrong and injustice to him, but is a detriment to the public. The design of the statute, quoted in the opinion of the court, is. to prevent these evils. The effect of that opinion, *103 however, coupled with other decisions in similar cases, is to deprive the statute of its intended operation—so far, at least, as its enforcement by this court is concerned — and to pervert it to a use wholly foreign and inimical to its purpose. In effect, it has been held that, no matter how unjustifiably the right secured by the statute has been disregarded by the superior court, the party injured has no remedy except by an appeal to this court, and this obviously is no remedy at all for an innocent man whose trial has been unreasonably delayed, because upon his acquittal he has nothing to appeal from. The only persons who can appeal are those who have been found guilty, and they, if their convictions are…