State v. Chamberlain

The state appeals from orders sustaining a demurrer to the information, setting aside the information, dismissing the prosecution, exonerating the bail, and discharging the defendant.

The transcript shows that the demurrer to the information was sustained on September 4,1923. Thereafter no action was taken by either party until on December 26, 1923, respondent moved for a dismissal of the prosecution for the reason that it had not been brought to trial within sixty days from the time of the filing of the information. On January 5, 1924, that motion was sustained and the case dismissed,…