Lynn

The Lake County Grand Jury returned an indictment charging John Lynn and Larry Thomas Taylor, in count one, with attempted escape from the custody of the Lake County Sheriff (Pen. Code, § 4532, subd. (b)) on October 5, 1967; in count two, with attempted escape from the custody of the same officer, “by force and violence” (id.) on October 11; and, in count three, with the murder of Deputy Sheriff William Hoyt (§ 187) on October 11. Count four of the indictment charged Lynn alone with assault with a deadly weapon committed, while a life prisoner (§ 4500), on October 11.

Both defendants originally entered pleas of not guilty to all counts. Their motion for change of venue from Lake County having been granted, the cause was transferred to the City and County of San Francisco. In the course of pretrial proceedings there, defendant Taylor withdrew his plea of not guilty to count one of the indictment and entered a plea of guilty thereto. Both were jointly tried by a San Francisco jury, which returned a verdict finding (1) Lynn guilty of attempted escape under count one of the indictment, (2) both defendants guilty of attempted escape by force and violence under count two, (3)…