Serrano

This is a motion to dismiss an appeal by the People from an order of the Superior Court of Riverside County setting aside an information which charged the defendant and respondent with the crime of escape from jail. The motion is made on the ground that the appeal was not taken at the time or in the manner provided for in the Penal Code of California.

The transcript 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 because he had given him a bad check. The chief of police, with a city traffic officer and Holbrook, went to respondent’s home where Holbrook identified him, and then the officers took respondent to the home of one Enos, who also identified respondent as one who had passed bad cheeks. Whereupon the officers placed respondent under arrest and then took him to the city jail, where he was booked on a charge of “suspicion of forgery” and placed in jail at about 4:30 o’clock in the afternoon. The respondent remained in jail Saturday night and Sunday and was last seen there Sunday, August 30th, at about 5:30 in the afternoon. On Monday morning he was not there. No complaint…