People v. Seely

Defendant appeals from an order denying his motion for a new trial and also from the judgment herein based upon the jury’s verdict finding him guilty of robbery of the first degree, and of certain prior convictions of a felony; and adjudging him to be an habitual criminal.

It is here urged (1) that the court erred in failing to dismiss the cause under section 1382 of the Penal Code; and (2) that the district attorney was guilty of prejudicial misconduct.

Section 1382 of the Penal Code provides: ‘ ‘ The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed…