The dismissal of such an appeal rests largely within the discretion of the trial court. State v. Moore, 15 Wn.2d 460, 131 P.2d 148. The appeal to the superior court from a judgment of a justice court is governed, in part, by the following statutes.

[1]First. This court has held in a long line of cases that one appealing to the superior court from a conviction of a criminal charge in justice court, has the burden of prosecuting his appeal diligently — which means that, after perfecting his appeal, he must call his case up for trial within a reasonable time. If he fails to do so, the superior court may, in its discretion, dismiss the appeal. State v. Buffum, 94 Wn. 25, 161 P. 832; State v. Koerner, 103 Wn. 516, 175 P. 175; State v. Berg, 111 Wn. 422, 191 P. 400; State v. Tubbs, 138 Wn. 116, 244 P. 256; State v. Moore, 15 Wn.2d 460, 131 P.2d 148. [2] Appellant recognizes the rule, but he contends that it is inapplicable because of Rule VIII, subd. (d), a special rule of the superior court for King county, which puts the burden on the prosecuting attorney of noting criminal cases for trial. The rule relied upon follows: