Ex parte Gallagher

This is a petition for a writ of habeas corpus, which discloses the following facts:

Petitioner was convicted in the superior court of Alameda county of a felony. On appeal to this court the judgment of the superior court was reversed and the cause remanded for a new trial. Our decision was filed August 16, 1893, and on the 25th of the same month the remittitur was issued, and on the 26th it was filed in the office of the county clerk, where it still remains. On the 28th an order was made by the superior oourt setting the cause down for a retrial on October 27, 1893, but on the 26th of October that court, of its own motion, dropped said cause from its calendar, and ever since said date has refused to retry said cause, restore it to the calendar, or dismiss it, notwithstanding the defendant has never consented to the delay, but has always been ready for trial, and has frequently demanded a trial or a dismissal of the action. During all of said time the defendant has been and still is confined *114 in the county jail under no other authority than a commitment based on said charge of felony upon which he was convicted as above stated. He contends that said imprisonment, in view of…