Crider

This is an appeal by the defendant from a judgment of conviction of the crime of escaping from a state prison. The information charges in substance that while undergoing a sentence of twelve years’ imprisonment in the state prison at San Quentin, under and by virtue of a judgment of the superior court of the state of California in and for the county of San Diego, rendered July 28, 1922, said defendant did wilfully, unlawfully, and feloniously escape from said state prison.

Section 105 of the Penal Code reads as follows: “Every prisoner confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison.” Section 106 of the same code, which was later enacted, also provides: “Every prisoner committed to a state prison for a term less than for life, who escapes or attempts to escape while being conveyed to or from or while confined within such prison or while at work outside such prison under the surveillance of prison guards is guilty of a felony and on conviction…