Application of Morris

OPINION

Original proceeding for a writ of habeas corpus.

Petitioner was arrested on October 26, 1961 pursuant to a warrant of arrest properly issued charging him with first degree burglary. He is presently in custody as a result of such warrant. On November 13, 1961 an information was filed charging first degree burglary. On November 16, 1961 petitioner was arraigned on said charge and entered a plea of “Not Guilty.” At that time trial by jury was set for January 8,1962. Although petitioner was prepared to go to trial on said last-mentioned date no jury was summoned and the trial setting was…