State v. Alexander

— The defendant was informed against, tried, and convicted as an habitual criminal. After verdict, he filed a motion for a new trial, which motion was denied, and a life sentence was imposed. He has appealed from that judgment.

He makes two assignments of error, as follows: (1) That the, court erred in denying his motion to dismiss the action before any evidence was offered; and (2) in denying the same motion made at the close of the state’s case. Appellant argues that he should have been tried within five days, under the provisions of Rem. & Bal. Code, § 2178; and- in any event within sixty…