Francisco

Defendant appeals from judgment (with sentence to a state prison term) following a court conviction of the crime of escape under Penal Code section 4532, a felony. His contentions on appeal are (1) that there was no evidence proving a necessary element of the offense charged; (2) that he had no trial on the issue of his guilt; and (3) that he was inadequately represented by appointed counsel. We sustain the first contention, disallow the other two.

Defendant was arraigned under an information stating in part: “The said Gary Richard Francisco is accused by the District Attorney of Butte County, by information, found this 11th day of June, 1963, of the crime of violation of the provisions of section 4532 of the Penal Code of the State of California, committed as follows: The said Gary Richard Francisco did on or about the 23d day of May, at Butte County and State of California, and before the filing of this information, wrongfully, wilfully, and unlawfully, while being confined in the Butte County Jail, after having been convicted of violation of sections 484-488 of the Penal Code, escape from the Butte County Hospital, while awaiting treatment; all of which is contrary. ...”…