French

While a prisoner in the state prison at Folsom the defendant was taken out to work under guard on a highway in Trinity County. The information charges him with the crime of escaping from the surveillance of his guards in that county. He was duly convicted of the crime charged and prosecutes this appeal from the judgment of conviction and the order denying his motion for a new trial.

On his arraignment the defendant entered a plea of not guilty. Thereafter he moved the court for permission to withdraw his plea in order to interpose a demurrer to the information. The motion was denied. After conviction the defendant’s motion in arrest of judgment was denied, these rulings need not be specifically considered because the questions of law involved are the same as those raised by other contentions hereinafter noticed.

It is contended that the evidence is insufficient to support the verdict in that while the defendant was committed to the state prison at San Quentin he was taken from the prison at Folsom to the road camp in Trinity County. The defendant was sentenced to- imprisonment in the state prison of the state of California and the sheriff was directed, as the law requires, to…