Serrano

This is an appeal by the People from an order of the Superior Court of Riverside County granting defendant’s motion to set aside and quash an information which charged defendant and respondent with the crime of escape from jail.

The record on appeal shows the following facts: On Saturday, August 29, 1931, the chief of police of the city of Corona was requested by one Holbrook to arrest respondent for giving him a bad check. The chief of police, in company with the city traffic officer and Holbrook, went to respondent’s home where Holbrook identified him as the person who gave him the bad check, and then the officers took respondent to the home of one Enos, who also identified him as one who had passed bad checks. Whereupon the officers placed respondent under arrest and took him to the city jail, where he was booked on the charge of “suspicion of forgery’’ and incarcerated in the jail at about 4:30 o’clock in the afternoon. Respondent remained in jail Saturday night and Sunday, being last seen there Sunday, August 30th, at about 5:30 o’clock in the afternoon. On Monday morning he was not there. No complaint was filed against respondent until Monday morning, August 31st, after he…