Brewer

The People appeal from an order dismissing the action. On November 10, 1960, the trial was set for December 8, 1960, which was the 31st day after the defendant was arrested and brought within the jurisdiction of the court. On November 10, 1960, the defendant was not represented by counsel. He was not informed of his right to a trial within 30 days and did not at that time waive his right to be tried within 30 days, i.e., on or before December 7, 1960. “After the arraignment and before November 16, 1960, the Defendant retained his instant counsel.” (Respondent’s Brief, p. 2, lines 8-9.) On November 23, 1960, respondent’s counsel signed and swore to an affidavit which he attached to a notice of motion for order to inspect and copy statements and reports of prosecution witnesses, which affidavit states, among other things: ‘1 that said reports are necessary to the proper preparation and trial of this ease on behalf of the defendant, especially with reference to cross-examination of the prosecution’s witnesses.” This affidavit and the said notice of motion were filed November 25, 1960. The motion was noticed for November 29, 1960, and was heard that day, taken under submission and…