People v. Crider

KNIGHT, J.

This is an appeal by the defendant from a judgment of conviction of the crime of escaping from a state prison. The information charges in substance that while undergoing a sentence of twelve years’ imprisonment in the state prison at San Quentin, under and by virtue of a judgment of the superior court of the state of California in and for the county of San Diego, rendered July 28, 1922, said defendant did wilfully, unlawfully, and feloniously escape from said state prison.

[103]

Section 105 of the Penal Code reads as follows: “Every prisoner confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison.” Section 106 of the same code, which was later enacted, also provides: “Every prisoner committed to a state prison for a term less than for life, who escapes or attempts to escape while being conveyed to or from or while confined within such prison or while at work outside such prison under the surveillance of prison guards is guilty of a felony and on conviction thereof the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison.”

The undisputed evidence in the case shows that the defendant, after his commitment to said state prison, was, at his request and in accordance with the rules of said prison, sent to a prison camp in Mariposa County maintained by the board of state prison directors under the surveillance of prison guards. The defendant arrived at said prison camp about February 14, 1924, and escaped therefrom on March 30, 1924. Subsequently, and on August 17, 1924, he was taken into custody at Tucson, Arizona, and returned to said state prison.

It is first contended by the defendant that the information does not state facts sufficient to constitute a public offense, in that it fails to charge that the defendant was “committed” to a state prison. From the statement of the substance of the information already made it is apparent that the point is without merit. While the information fails to allege specifically that the defendant was “committed” to said prison it does allege that while undergoing a sentence of twelve years’ imprisonment in the California state prison at San Quentin, California, under and by virtue of a judgment of the superior court of San Diego County, he did feloniously escape from said state prison. We think this allegation sufficient to meet the requirement of the statute.