Malengo

This is an application for a writ of prohibition to restrain respondent court from taking any further proceedings in a prosecution for violation of section 11721 of the Health and Safety Code (use of, or addiction to, narcotics).

Facts: September 23, 1960, defendant was arraigned in respondent court on a complaint charging violation of section 11721 of the Health and Safety Code, a misdemeanor. He entered a plea of not guilty and waived a jury trial. Trial was set for October 21, 1960.

■ Defendant obtained counsel, and at the request of such counsel the trial was continued to November 18, 1960. On that date the People moved for a continuance on the ground that witnesses necessary to the People’s case were in federal court and could not appear. No objection was made by defendant, and the trial was continued to January 6, 1961.

On January 6, 1961, the People moved for a continuance of one week on the ground that two witnesses necessary to the People’s case, both deputy sheriffs, were engaged as witnesses in a trial in federal court. Defendant objected.

The deputy district attorney did not support his motion by affidavits or by other formal proof, but at respondent court’s…