Belknap

An information was filed against defendant in the county of Napa for issuing a check upon a bank with intent to defraud. During his confinement in the county jail, awaiting trial upon this charge, a second charge was filed against him wherein it was alleged he wilfully, unlawfully and feloniously broke and escaped from said Napa County jail while confined therein aw'aiting trial upon the charge above set forth. Upon this latter charge he was tried and convicted and from that verdict and judgment prosecutes this appeal.

None of the points urged by appellant merit an extended examination.

The first point presented by defendant is that he was not lawfully confined in the county jail of Napa County at the time of his escape therefrom, because, as he claims, he was arrested upon the charge of fraud by the sheriff of Solano County who, at the time of arrest, did not personally have a warrant directing him so to do. One of the many answers that might be made to this objection is that at the time of defendant’s attempted escape from the county jail lie was then being held by the sheriff of Napa County, not by virtue of the process complained of, but by an order by a committing…