People v. Bagley

SHOEMAKER, J.

Defendant Richard H. Bagley appeals from a conviction of attempted escape in violation of Penal Code, section 4530, and from an order denying his motion for a new trial.

The facts, which are substantially without dispute, reveal that on May 25, 1961, Richard Bagley and Larry Dis-brow were inmates of the State of California Correctional Training Facility at Soledad, California. At approximately 1:45 p. m. on that day, Woodrow Lane, a guard on tower duty in the prison recreation yard, observed Bagley and Disbrow run past the out-of-bounds stakes toward the fence surrounding the yard. Immediately he ordered them to halt ; they ignored the order and commenced climbing the fence. Lane then fired a warning shot. The men still continued

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to climb, so Lane fired at their feet and Disbrow was wounded. Both men dropped to the ground, and were taken into custody.

Sergeant Raynor asked Bagley what had happened, who replied that he had tried to go over the fence but that he had quit when he heard the shot. Upon further questioning by prison officers, Bagley stated that he and Disbrow had not been planning their escape for any length of time, but that right after lunch they had just suddenly decided to go. When asked why he wanted to escape, Bagley stated that he was doing “ten to life” and that he wanted to be free for a while.

Bagley’s story was that he had previously requested a transfer to another institution, and that he had never intended to go over the fence but was merely attempting to create a scene and thereby compel the prison authorities to grant, him a transfer. He further stated that he did not hear the tower guard order him to halt before firing, and that he jumped off the fence as soon as he heard the first shot.

On June 21, 1961, the district attorney of Monterey County filed an information accusing Bagley and Disbrow of attempted escape. After a trial by jury, both defendants were found guilty as charged, and judgment accordingly entered. Defendant Bagley appeals therefrom.

1

Appellant’s first contention is that the testimony of the witnesses for the prosecution was contradictory, conflicting and argumentative, and that the evidence was therefore insufficient to support his conviction for attempted escape. This contention is wholly without merit. An examination of the record reveals that all of the “contradictions” and “conflicts” complained of are so minor in nature as to be almost imperceptible, and, in addition, have little or no bearing on the question of appellant’s guilt. In any event, the credibility of witnesses is for the determination of the trier of fact.