Bevins

This is an appeal by Mary Ann Bevins from a judgment of conviction for violation of Penal Code, section 4574.

In an information containing three counts, filed by the District Attorney of Orange County, defendant was accused in count I of the crime of attempting to bring a firearm into a jail (Pen. Code, § 4574); count II charged the offense of assisting a prisoner to escape (Pen. Code, § 4534), and in count III defendant was accused of attempting to bring into a jail a thing useful in aiding a prisoner to escape with intent to facilitate such escape (Pen. Code, §4535). Following the entry of pleas of not guilty to all counts trial was had before a jury which returned verdicts finding defendant guilty on all three counts. Her motion for a new trial on counts II and III was granted and these counts were dismissed on motion of the district attorney. Defendant’s application for probation on count I was denied and she was sentenced to state prison.

Concerning the factual background surrounding this prosecution the record reveals that the husband of defendant was confined in the Orange County jail. There was testimony that on February 8, 1958, defendant wrapped a pistol and six…