People v. Bates

Opinion by

Mr. Chief Justice McWilliams.

By a direct information filed with the trial court on October 11, 1961, one John Bates was charged with burglary and conspiracy to commit burglary. On October 26, 1961, Bates was arraigned and upon a plea of not guilty the case was set for trial on June 12, 1962. It should be noted that neither the People nor Bates voiced any objection to the date selected by the court for trial of this matter.

On June 7, 1962, Bates filed a motion for a continuance and as ground therefor stated that one of his witnesses would be out of town and unavailable to testify on…