People v. Winkelspecht

STONE, J.

Appellant Winkelspecht and his codefendant, Wester, were charged by separate informations with the crime

[229]

of nonviolent escape from a prison camp, violation of Penal Code section 4530, subdivision (b). Their cases were consolidated for trial and each was found guilty by a jury.

Appellant and Wester, inmates of Camp 16 at Beaver Creek, Calaveras Big Trees State Park in Tuolumne County, were assigned to work in the forest. On July 9, 1964, they walked away from their assigned work area. Searchers failed to locate them, and the next day a state fire prevention officer stopped appellant, who was walking along a mountain highway. When asked where he was going, appellant replied, “L.A.” and gave a fictitious name. Noticing his unusual clothes and prison issue shoes, the officer took appellant to Beaver Creek Camp, where he was identified as one of the missing inmates. Wester was apprehended, alone and in a different location. Wester pleaded not guilty, while appellant pleaded not guilty and not guilty by reason of insanity. After a preliminary hearing, both men were held to answer. The attorney appointed to represent both Wester and appellant asked to be relieved of the obligation, and another attorney was appointed in his stead 12 days before trial.

The morning of trial, defense counsel moved to set aside the information as to each defendant on the ground that confessions had been taken from them in violation of the principles enunciated in the

Escobedo

and

Dorado

cases, and that these confessions were used against them at the preliminary hearing. We have not been furnished a copy of the transcript of the preliminary hearing and although we have the transcript of the proceedings in the superior court when the motion to set aside the information was made, the statements alleged to have been elicited do not appear in the record.

The trial judge, in denying the motion, noted that a rehearing had been granted in

People