Howard

The defendant was convicted of escaping from the surveillance of the prison guards of Folsom state prison, where he was serving a sentence for another felony of which he had been previously convicted. The information charges that the defendant “was then and there a prisoner, and as such lawfully confined in the State Prison at Folsom . . . for a term less than life; and . . . while at work outside such prison, towit: on the prison ranch . . . under the surveillance of prison guards of said Folsom Prison, did then and there . . . wilfully and unlawfully and feloniously escape from the surveillance of said prison guards”.

It appears from a certified copy of commitment, which was received in evidence, that the defendant was convicted in Yolo County, on July 26, 1928, of the crime of forgery, and sentenced to imprisonment at San Quentin state prison for the term prescribed by law. He was transferred and received at Folsom state prison on January 28, 1930. This was testified to by Mr. Goranhson, a distributing officer of Folsom state prison, whose duty required him to personally receive and properly clothe all prisoners upon their arrival. On May 21, 1931, the defendant was still…