Murray

Defendant James Murray appeals from a judgment imposing sentence for violation of Penal Code section 4530, subdivision (b), relating to escape from a state prison. He had entered the single plea of not guilty by reason of insanity, and thus pursuant to Penal Code section 1016, admitted the commission of the offense charged. The case was prosecuted by way of a preliminary examination and information.

The facts, which are undisputed, show that on April 16, 1965, the defendant was under commitment in the state prison at the Black Mountain Conservation Camp and that he left that camp without authorization in the early evening of that date. The defendant then took a 1957 Chevrolet automobile belonging to Mr. Theseus Canelis without his permission and was later, following a chase culminating in a two-car collision, apprehended.

The foregoing facts were elicited at a preliminary hearing, the sole issue at the trial itself being that of the defendant’s sanity. Murray’s contention was that he had consumed a quantity of liquor and had concurrently taken some eight “goofballs” and that this combination had so affected his mind that he did not realize what he was doing. These contentions…