Jones

Appellant was charged with having escaped from the state prison at Chino in violation of the provisions ' of section 4530 of the Penal Code. He entered a plea of not guilty and waived his right to be tried before a jury. Trial was then held before the court and appellant was found guilty of the offense charged in the information. He was sentenced to the state’s prison for the term prescribed by law and appeals from the judgment.

On June 21,1957, appellant, who was a prisoner confined i u the California Institution for Men at Chino, failed to report to the prison dormitory for the prisoner count made at 7 :20 a. m. The prison authorities then conducted a search throughout the institution and surrounding grounds but were unable to locate the appellant. He had left the institution without "obtaining permission from the prison officials and was later apprehended in Oregon and returned to San Bernardino County.

In a statement made to the county agent who went to Oregon to return him to San Bernardino, he, the appellant; admitted that on June 21, 1957, he left the mess hall and went into a field, where he lay until darkness fell; that he then walked to Los Angeles, where he obtained…