People v. Elliott

VAN DYKE, J.

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Appellant was charged with the crime of escape. (Pen. Code § 4531.) The evidence showed the following: He was convicted on March 15, 1957, in Santa Clara County of a violation of section 476a of the Penal Code. Pursuant to that commitment he was eventually transferred from Folsom State Prison and was received at the Iron Mine Camp, a division of the forestry camps under the supervision of the Department of Corrections and the Division of Forestry. On October 21, 1962, defendant was present in camp for the regular 8 p.m. check. At approximately 9 p.m. when another check was made, appellant was absent from the camp. A search was made of the entire camp and grounds and appellant was not discovered. He had not been authorized to leave the camp for any reason. He was apprehended in Bisbee, Arizona, on January 25, 1963. A correctional officer was dispatched to return appellant and he

[577]

was brought back to Folsom. During the course of the trip he made a free and voluntary statement to the officer regarding the circumstances of the escape. He said that he and two other inmates left in the evening and walked through the woods east to Colfax; that they caught a freight train and rode it to the summit; that they then caught another freight train and went to Ogden, Utah, where they caught another freight train to Denver, Colorado. Eventually appellant went back to Mountain View in the bay area where his mother resided and where he obtained money and clothing. He then started for Texas. He was apprehended while traveling through Arizona. He said that he left the camp because his time had not been set and he didn’t know when he was getting out. It is superfluous to say that this testimony supported the judgment appealed from.

Appellant, who was represented by counsel, entered a plea of not guilty and his trial was set for April 23, 1963. On that date he was granted leave to enter an additional plea of double jeopardy and the trial proceeded. The prosecution moved that the plea of double jeopardy be stricken as well as all testimony adduced by defendant in support thereof. This motion was denied prior to the conclusion of the appellant’s case with permission to renew. At the conclusion of the defense’s case, the motion was renewed and was granted.