In re Murphy

The opinion of the court was delivered by

Scott, J.

The relator and one John Olsen were bound over to the superior court of Pierce county to answer a charge of burglary.

*258On the 18th day of September, 1893, Olsen was tried and convicted in said court, and on the 20th day of said month the relator was there tried and convicted, whereupon relator filed a motion for arrest of judgment and for a new trial. Upon the hearing thereof' said court set said conviction aside and fixed upon the 12th day of October, 1893, for a re-trial.

Said cause not yet having been brought to trial, said defendant asks to…