State v. Jones
| Decision Date | 03 July 1914 |
| Docket Number | 11840. |
| Court | Washington Supreme Court |
| Parties | STATE v. JONES. |
Department 2. Appeal from Superior Court, King County; Kenneth Mackintosh, Judge.
Albin Jones was convicted of the offense of entering a coal mine against caution. From an order setting aside the conviction and dismissing the proceedings, the State appeals. Reversed with directions to reinstate the case and proceed with the trial.
John F. Murphy and S. H. Steele, both of Seattle for appellant.
In September, 1913, the respondent was convicted in the justice's court of Ravensdale precinct, in King county of the offense of entering a coal mine against caution, and sentenced to pay a fine of $50. He appealed from the judgment to the superior court of King county, depositing cash in lieu of a bail bond in the sum fixed by the justice of the peace to secure his appearance and the due prosecution of the appeal in the superior court. The transcript on appeal was prepared by the justice and filed in the superior court on October 1, 1913. On December 8, 1913, the prosecuting attorney of King county caused the action to be set down for trial on January 18, 1914, duly serving a written notice to that effect upon the respondent. On January 5, 1914, the respondent moved to dismiss the proceeding, basing his motion on the ground that the same had not been brought on for trial within 60 days after the transcript on appeal had been filed in the superior court. The motion was accompanied with the affidavit of respondent's counsel to the effect that he had made repeated requests at the office of the prosecuting attorney for a speedy hearing of the appeal, and that under the law and practice of the superior court of King county a defendant in a criminal cause is not permitted to have his case set for trial except upon motion of the prosecuting attorney, and that the delay was wholly without his fault and over his protest. The superior court made no finding that there had been an unreasonable delay in setting the case for trial, but granted the motion on the ground that more than 60 days had elapsed between the time the transcript on appeal had been filed in that court and the time the cause was fixed for trial, and entered an order setting aside the judgment of conviction in the justice's court and dismissing the proceedings. The state appeals.
The order of the court was founded upon section 2312 of the Code (Rem. & Bal.), which provides:
'If a defendant indicted or informed against for an offense, whose trial has not been postponed upon his own application, be not brought to trial within sixty days after the indictment is found or the information filed, the court shall order it to be dismissed, unless good cause to the contrary is shown.'
In State v. Parmeter, 49 Wash. 435, 95 P. 1012, we held that this section had no application to an appealed cause from a police or justice's court, that it related only to prosecution instituted in the superior court, and that the appellant himself was obligated to bring the cause on for hearing. In the course of the opinion the court referred to the section of statute relating to appeals from justice's court, now found at section 1919 and 1920 of Rem. & Bal. Code, and said that these sections define the method of taking appeals in criminal actions; further saying:
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