People v. Quijada

[40]

BURNETT, J.

Defendant was convicted of escaping from the state prison at Folsom while confined as a prisoner therein under a conviction of robbery. The prosecution was instituted under section 105 of the Penal Code providing: “Every person 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.”

[1]

The only point made by appellant is that the evidence is insufficient to show more than “an attempt to escape.” In this, however, we think appellant is in error.

There is evidence to show that, while defendant was working in the stoneyard of the prison, a locomotive was driven near the place, and defendant in conjunction with two other prisoners boarded the engine and attacked the engineer and fireman and drove them from the engine. Said prisoners then ran the engine through the prison yard and through a large gate across the track and beyond the wall of the prison. This gate was locked with a large padlock, but they forced the engine through it and proceeded along the track until they came to a tank which is used to store oil for the engine. They stopped the engine there, got off and set fire to the tank. They started then toward what is known as the old quarry, but were recaptured before proceeding very far, as an alarm had been given. J. W. Drullinger, one of the prison guards, testified: “These three prisoners had set the tank on fire. They looked up and saw me, and started to run for the bank. Q. ‘And this defendant was one of them. A. He was the one behind Clifford, yes, sir. Q. And he was through the gate and up at the oil tank when you first saw him? A. At the oil tank, yes. Q. And had completely made his escape from the prison proper? A. Outside of the prison wall altogether, yes, sir.’ ” He was further asked if the defendant was out of his sight when the defendant went into the willows and he answered: “When he went in the willows he was out of my sight; he went in this bunch of willows, I didn’t see him in there. I was taking care of the other men who were under my control until Mr. Eldridge came up there.”