Jones

Charged with rescuing a prisoner from lawful custody (Pen. Code, § 4550), lynching (Pen. Code, § 405a), incitement to riot (Pen. Code, § 404.6), and two prior felony convictions, defendant’s motion to set aside the information was denied. One prior conviction was stricken and one admitted. Tried by jury, he was found guilty of lynching and incitement to riot, but acquitted of the prisoner rescue charge. Defendant was sentenced to state prison, the sentence was suspended and he was placed on probation on condition that he serve weekends in the county jail for a period of one year. He appeals from the judgment of conviction.

About 9:30 p.m. on June 30, 1969, two Santa Ana police officers on routine car patrol observed Mercy Roaches Sandoval, age 18, throwing bottles in the street near a take-out restaurant establishment. The officers pulled into the restaurant, called for backup units, left their vehicle, and approached Sandoval. The defendant, Jones, was noted standing, at the order window at that time. Sandoval, standing amidst broken glass, had slurred speech and was placed under arrest for being drunk in public. He staggered while being escorted to the patrol…