Schnittspan

People v. Schnittspan

Good Law
1967 Cal. App. LEXIS 2187·250 Cal. App. 2d 951·59 Cal. Rptr. 93
Court of Appeal of CaliforniaMay 15, 1967Crim. No. 5779California872 words

Opinion

Lead Opinion

Draper, J.

Does conviction of escape bar prosecution for burglary, robbery, ear theft and grand theft, all committed more than 48 hours after departure from the prison camp and more than 20 miles away from that camp? That is the question on this appeal.

Respondents escaped from the prison camp at Parlin Forks October 18, 1964. On October 19 a complaint was filed charging them with escape. On October 21 the home of one Walker, located in Willits, more than 20 miles from the camp, was entered and clothing was taken. On the same day, Walker was robbed of some $200. Also on October 21 the automobile of Gail Horner was taken. On October 21, a complaint charging respondents with robbery (Pen. Code, § 211), burglary (Pen. *952 Code, § 459), and auto theft (Veh. Code, § 10851) was filed. Respondents were not apprehended for some time. On March 4, 1965, Schnittspan first appeared in the justice court, apparently for arraignment, hut the incomplete record here doés not show whether this was upon all four charges in the two complaints then pending. On March 10, the prosecution asked for two weeks continuance of preliminary examination because of the absence of a witness. Schnittspan objected and…

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