Quijada

Defendant was convicted of escaping from the state prison at Folsom while confined as a prisoner therein under a conviction of robbery. The prosecution was instituted under section 105 of the Penal Code providing: “Every person confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison.”

[1] The only point made by appellant is that the evidence is insufficient to show more than “an attempt to escape.” In this, however, we think appellant is in error.

There is evidence to show that, while defendant was working in the stoneyard of the prison, a locomotive was driven near the place, and defendant in conjunction with two other prisoners boarded the engine and attacked the engineer and fireman and drove them from the engine. Said prisoners then ran the engine through the prison yard and through a large gate across the track and beyond the wall of the prison. This gate was locked with a large padlock, but they forced the engine through it and proceeded along the…