People v. Stabler

DRAPER, P. J.

Defendant appeals from judgment entered upon jury verdict finding him guilty of escape from a prison camp (Pen. Code, § 4531). Convicted of first degree robbery, defendant was confined at San Quentin prison and was later assigned to a prison camp at Weott. At 7:30 p. m. April 16, 1960, he was in custody at the camp. At 9:30 p. m., he wasn’t. Months later, he was arrested and returned to Humboldt County for trial.

The public defender was appointed to represent him. At defendant’s insistence, before trial, the public defender’s office was relieved of its appointment. Defendant then asked appointment of another attorney. The court refused, but offered reappointment of the public defender, which defendant rejected. While in the county jail awaiting trial on this escape charge, defendant broke a hole in the jail wall, and was charged with attempt to escape from jail. He was later convicted of that charge.

During the trial, defendant objected to the presence of armed law officers in the courtroom. He asserted that they numbered eight. It was pointed out that three were witnesses in the ease (no order for exclusion of witnesses having been sought) and that one was the bailiff. Defendant asserts that he was denied a fair trial by the presence of the officers in the courtroom.

Unnecessary show of restraint of a defendant in the presence of a jury is error

(People

v.

Harrington,

42 Cal. 165 [10 Am.Rep. 296]) ; but even shackling or gagging a defendant is permissible when real necessity therefor is shown

(People

v.

Kimball,

5 Cal.2d 608, 611 [55 P.2d 483];

People

v.

Merkouris,

46 Cal.2d 540, 556 [297 P.2d 999] ;

People

v.

Harris,

45 Cal.App. 547, 552 [188 P. 65];

People