Cody v. Justice Court

This is an appeal from a judgment 1 denying a petition for a writ of mandate to compel respondent justice court to enter a dismissal of an action pending therein against appellant.

On April 14, 1964, a criminal complaint was filed in the Justice Court of the Benicia Judicial District, County of Solano, charging appellant with a violation of Penal Code section 242 (battery), a misdemeanor. On that date appellant was arrested and released on his own recognizance. On April 16, 1964, appellant’s counsel appeared and the cause was continued until April 28, 1964. On April 28, appellant’s counsel…