People v. Torres

GRIFFIN, J.

In an amended information defendant was charged with violating section 4532, subdivision (a) of the Penal Code (escape from lawful custody of a police officer without violence, he then being charged with a felony, armed robbery). A jury trial resulted in a guilty verdict.

On this appeal defendant’s main claim is that the evidence is insufficient to justify the verdict. He concedes that he escaped from the custody of the arresting officer but argues that the evidence does not show a lawful arrest under section 836 of the Penal Code; that the evidence does not show that a complaint for armed robbery had been previously charged against him; that prior to his arrest he was not shown a warrant of arrest, after demand; and that there was no sufficient showing that a warrant of arrest had been previously issued, citing sections 841, 842 and 844 of the Penal Code; and 40 American Law Reports 62, 66.

The record at the trial shows from the testimony of the arresting officer that two months prior to the date of the arrest, an armed robbery had been committed in Corona ; that a warrant for defendant’s arrest in connection therewith had been outstanding since April 30, 1956; that he had been trying to locate defendant since that time; that as he and another officer were coming by defendant’s home they saw

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him on the lawn, about 6 :30 p. m., and they parked their prowl car, walked toward defendant, and he started to go into his house; that they told him “he was wanted at the police station”; that defendant said: “Do you have a warrant?” and he told him: “We have a felony warrant for your arrest at the station,” that “This is a felony charge and I don’t have to have the warrant with me”; that defendant started to run into the house and tried to lock the screen door, and he pursued him; that when in the house he again told defendant he was under arrest and should “give himself up”; that defendant again demanded to see the warrant and he repeated that it was at the station; that defendant ran toward the kitchen, grabbed a long knife and turned on him and said he would cut him to pieces; that the officer pulled a gun and told defendant to drop the knife ; that defendant’s sister intervened and said she would call a lawyer, and that after again telling her, in the presence of defendant, that he was under arrest for strong armed robbery under section 211 of the Penal Code, she told the lawyer these facts and the lawyer told her to tell defendant to go with the officer and if it was a false arrest, to sue him; that defendant then asked for time to change his shoes in the bedroom; that defendant went there, closed the door, and escaped through the back entrance and was apprehended two weeks later.