People v. Camilo
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The defendant was prosecuted by information for the crime of grand larceny, and convicted. The information was filed on the 1st of October, 1885, and on the following day the defendant was arraigned.
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Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The defendant was prosecuted by information for the crime of grand larceny, and convicted. The information was filed on the 1st of October, 1885, and on the following day the defendant was arraigned. On the 5th of December, 1885, the defendant moved to dismiss the prosecution, for the reason that he had not been brought to trial within sixty days after the filing of the information, and that the trial had not been at any time • continued or postponed on his application or with his…
1Opinion of the CourtMcKee, J.
It is the policy of the law, that persons charged with crime shall have a speedy as well as a fair and impartial trial. To that end it is provided by section 1382, Penal Code:—
*541“ The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases:—
“ 2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days after the filing of the indictment or filing of the information.”
The defendant moved to dismiss the prosecution against him on that ground, and subsequently on the same ground…
2Cited by12 opinions
- People v. JohnsonCalifornia Supreme Court · 1980
- Crockett v. Superior CourtCalifornia Supreme Court · 1975
- State v. WearSupreme Court of Missouri · 1898
- People v. HenryCalifornia Supreme Court · 1888
- People v. ClaytonCalifornia Court of Appeal · 1928
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