Thompson

It was charged in an amended information filed' in the Superior Court of Monterey County that defendant on or about September 9, 1927, escaped from the county jail of that county, and that ever since the commission of the offense and until on or about March 1, 1931, he was out of the state. He was convicted of the offense, and has appealed from the order denying his motion for a new trial and from the judgment entered on the verdict.

He claims that the evidence was insufficient to sustain the implied finding that he remained out of the state sufficiently long to prevent the running of the statute which provides that an indictment or information for any felony other than murder, the embezzlement of public money or the falsification of public records must be found or filed within three years after its commission. (Pen. Code, secs. 800, 802.)

The evidence shows that he escaped on September 9, 1927, and was arrested and returned to jail in March, 1931. The original information was filed after this date and before April 17, 1931, when he was arraigned. The amended information was filed October 9, 1931, and the time which elapsed between the escape and the filing of this information…