People v. Smith

The defendant was convicted of violating section 106 of the Penal Code and has appealed from the judgment.

On May 25, 1925, the defendant was convicted of robbery in the second degree and was given an indeterminate sentence under section 1168 of the Penal Code. Thereupon he was sent to San Quentin. On August 13, 1927, the board of prison directors fixed the term of the defendant at ten years. On February 2, 1928, the defendant made an application to be sent to one of the road camps. On April 16, 1928, he was sent to “Camp 15.” On September 16, 1928, the records show he escaped. It was that escape which the district attorney charged in the information on file in this action.

The defendant contends that the evidence is insufficient to show (1) that the defendant was, prior to the filing of this information, committed to a state prison for a term less than life; (2) that he escaped while under the surveillance of a prison guard; (3) to identify him with the person who was convicted of robbery; and (4) to show that the defendant was under any surveillance. All of these attacks except the third rest on the construction which the defendant places on the statute and the information…