People v. Kelly

SALSMAN, J.

Appellant was charged with violation of Penal Code section 4530 (escape from a prison camp). He was found guilty by a jury. On appeal he questions certain instructions given to the jury, challenges the sufficiency of the evidence to show intent to escape, and claims error in the trial court’s admission of his prior felony convictions to impeach his testimony when he became a witness in his own behalf. We have examined the record and considered each of these contentions, but find no error. Accordingly, we affirm the judgment. ■ ■

Appellant was previously convicted of second degree robbery and sentenced to prison. Later he was convicted of escape from prison and was returned to confinement. At the time of the events with which we áre here concerned he was held in Conservation Camp #73 in Tulare County. The camp is a fire-fighting facility located on about one acre of ground. There are no fences surrounding the camp, but signs mark the camp limits, and inmates are not permitted beyond such limits, except by permission, or to carry out their fire-fighting duties.

Appellant’s alleged escape took place on the night of May 16, 1965. Joseph Duffy, an officer in the camp, testified that at about 9:20 p.m. appellant came to him for treatment of an upset stomach, and was- given medicine. About 10 minutes later Duffy made a check of the camp’s inmates. Appellant was missing. Duffy toured the perimeter of the camp shouting appellant’s name, but could not locate him. Later, one of the fire-fighting crews returned to the camp but appellant was not among these men. Duffy did not see appellant until more than six months later. Prison records in evidence showed that appellant was at Conservation Camp #73 on May 16, 1965, but missing from that date until November 22,1965.

An employee of the Monterey County sheriff’s office testified that on November 22, 1965 he went to Reno, Nevada to pick up appellant, who was then in custody of a Nevada sheriff, and that he returned with his prisoner to Monterey County.

'■ Appellant testified that on the night of May 16, 1965 he became ill and went to an officer of the camp for medicine. He said he was then called out on a fire but later returned. After

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his return he remembered that two fifths of whisky which were brought in by a visitor had been concealed on the premises. He found one of the bottles of whisky, and sat down and drank most of it. He said the whisky affected him greatly because he had not had a drink in ten years. Then he began walking. He testified he did not know which way he went when he left the camp, but that when he “came to” the following evening at about 6 o’clock he was near the City of Visalia, far from camp, but did not know how he got there. He claimed that he was inside the camp limits when he drank the whisky, that he didn’t remember leaving, and that he had no intention of leaving when he began drinking. He did not return to camp, however, but continued on until he reached the City of Reno where he was apprehended about six months later.