The opinion of the court was delivered by
The petitioner claims that he is entitled to his discharge under the provisions of § 221 of the criminal code, which reads:
“If any person, under indictment or information for any offense, and held to answer on bail, shall not be brought to trial before the end of the third term of the court in which the cause is pending, which shall be held after such indictment found or information filed, he shall be entitled to be discharged, so far as relates to such offense, unless the delay happened on his application, or be occasioned by the want of time to try such cause at such third term.”
On December 12,1885, when the jury were discharged, the petitioner was not present, being on bail to appear before' the district court of Cowley county, but his attorneys were all in the court, and when specifically intex’rogated concerning the case by the court, x’efused to appear or answer in any way for their client. During the several terras of the district court of Sumner county, held since the filing of the information, the petitioner has not announced himself ready for trial at any of
The petitioner will be remanded.