People v. Priegel

BARNARD, P. J.

The defendant was charged with the crime of escape from a county hospital, in violation of section 107 of the Penal Code, and was further charged with three prior convictions. He admitted the prior convictions, and pleaded not guilty and not guilty by reason of insanity. He later withdrew the plea of not guilty by reason of insanity, and waived a jury trial. The court found him guilty as charged, and he has appealed from the judgment.

While the defendant was confined in the county jail, awaiting trial on another felony charge, a judge of the superior court made an order, on August 20, 1953, for his removal to the county hospital. This order, after reciting that it appeared by affidavit that the defendant is a prisoner confined

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in the county jail under due process of law, and that he requires attention which cannot be furnished in said jail, reads:

“It Is Therefore Ordered that said Priegel, Jerome D. be removed from said County Jail to the San Diego County Hospital for treatment, and be kept there and so treated, and upon his recovery be returned to the custody of the Sheriff of San Diego County.

“It Is Further Ordered-that said Priegel Jerome D. be kept at said San Diego County Hospital during the period of his treatment without guard. ”

.Pursuant to this order defendant was taken by two of the sheriff’s deputies to the county hospital, where he was placed in the psychopathic ward. He' was in handcuffs from the time the officers took him from the jail until they arrived inside this ward, after which the handcuffs were removed and the doors of the ward were again locked. In addition to the other locked doors of this ward, the defendant was placed in a room the door of which was kept locked. The window of this room was covered with a heavy mesh grating which was locked with a padlock. Early in the morning of August 23, the defendant escaped through this window. A piece of steel was found in his room, the padlock from the window was sprung, and the wire mesh was bent. The defendant was found and again taken into custody two days later, and this proceeding followed. The defendant testified, among other things, that he was sent to the county hospital at his own request; that he had asked to go there for medical attention; that he had complained of pains in his head; that he had been in the psyeopathic ward once before; that he could not say definitely whether or not he had asked to be sent to the psyeopathic ward; and that he would not say that he was sent to the psyeopathic ward against his will.