Blanchard

Appeal by defendant Blanchard from conviction, on separate trial, under information brought jointly against him and two others, for violation of section 110 of the Penal Code, viz.: “Every person who carries or sends into a prison, jail, public training school or reformatory, anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is punishable as provided in section one hundred and eight.” Section 108 provides punishment of imprisonment in the state prison not to exceed ten years, and fine not to exceed ten thousand dollars.

The information charged that appellant did willfully and wrongfully carry to and send into the San Mateo County jail two hack-saws useful to aid certain prisoners therein in making their escape from said jail.

The evidence shows that James Clinton, Maurice Allen, and George Dawson were legally imprisoned in the San Mateo County jail on charge of crime committed in that county on which they were arrested in San Francisco and thence brought to San Mateo County under proper legal process.

The sheriff testified that on February 23, 1924, the appellant visited…