Little

The defendant, a prisoner undergoing a judgment of imprisonment in the state prison at Folsom, was charged by information filed in the superior court of Sacramento County with the crime of escaping from the custody and surveillance of the prison guards while he was employed and engaged in highway work on the outside of said prison. The jury found him guilty as charged and he appeals from the judgment and the order denying him a new trial. In the month of October, 1923, the defendant was, with other convicts, assigned by the prison authorities to work on the state highways, and at the time of effecting his escape from the custody of the- prison guards under whom he was so employed he was engaged in such employment in Shasta County. On the evening of the 14th of January, 1924, while he was so employed, and after he had partaken of his dinner, he left the camp and did not return. His absence having been noticed by the guards, pursuit of the defendant was inaugurated and he was on the following day apprehended and taken into custody by one of the guards while he was some distance from the camp at which he was employed, walking in the direction of the city of Redding. There is no…