State v. Jones

Citations

• 80 Wash. 335
• 141 P. 700
• 1914 Wash. LEXIS 1307

Syllabus

<p>Criminal Law—Dismissal for Failure to Prosecute—Appeal-Excuse for Delay—Diligence. Accused, convicted in police court and appealing to tbe superior court, is not entitled to a dismissal for failure of the state to bring the case to trial within sixty days, as required by Rem. & Bal. Code, § 2312, where he made no demand upon the court itself to have the case set for trial, although he frequently requested the prosecuting attorney to move therefor and no criminal cases were set for trial except on such motion; since § 2312, has no application to appeals from convictions in justice court, in view of Id., §§ 1919 and 1920, providing that the bond on appeal shall require the defendant to appear in the superior court and prosecute the appeal, and directing default of his recognizance and sentence against him if he fails to do so; his requests to the prosecuting attorney not being reasonable diligence in the discharge of his obligation to prosecute the appeal.</p>