it was found that he died from a gunshot wound in the chest.[[2]]
"Officer Hancock found a pair of sunglasses in the Pontiac car which contained a thumb print which matched a thumb print of Kerfoot. On January 28, 1959, at the rear of 6709 Selma Street, Hancock found a .22 calibre revolver lying under some asparagus fern bushes. Near the gun were some heel prints. A plaster cast of one of the heel prints was taken and later compared with the heel of one of Kerfoot's shoes.
A most favorable comparison was noted. The trousers of Kerfoot contained some particles of asparagus fern leaves."
On the prior appeal we had occasion to observe, in reply to the contention presently made, that except for the errors there discussed "the evidence wouldfollowing a mistrial, an order granting a new trial from which an appeal is not taken, or an appeal from the superior court, within 60 days after such mistrial has been declared, after entry of the order granting the new trial, or after the filing of the remittitur in the trial court"; the same subdivision further provides that an action shall not be dismissed thereunder "if it is set for trial on a date beyond the 60-day period at the request of the defendant or with his consent, express or implied...." The above provisions, says appellant, were not complied with in two separate instances. First, the first trial ended on July 1, 1959, and the defendant assertedly was not again placed on trial until March 14, 1961, more