Marsh

Petitioner, Larry Marsh, sought a writ in the superior court prohibiting the Municipal Court of the Citrus Judicial District from trying him upon a misdemeanor charge of violating section 148 of the Penal Code (resisting public officer in discharge of duty). The writ was sought upon *867 the alleged basis that petitioner had been denied his right to a speedy trial. He appeals from the order denying his petition for a writ of prohibition.

The petition alleged in substance, as follows: On September 2,1964, petitioner was arrested and taken into custody pursuant to a warrant issued by the Municipal Court of the Los Angeles Judicial District. As a result of events occurring at petitioner’s residence at the time of the arrest, a misdemeanor complaint, charging him with violation of section 148 of the Penal Code, was filed on September 3, 1964. On September 18, 1964, he was taken before the Municipal Court of the Citrus Judicial District for arraignment where he, without counsel, pleaded not guilty and demanded a jury trial, and the trial was set for October 14, 1964, which was a date 42 days from the date of arrest. He did not waive his right to a speedy trial. On October 14, the…