Cheatham

This appeal is from a judgment of conviction of escape while charged with a felony. (Pen. Code, § 4532, subd. (b).)

At the time of his escape, appellant had been formally charged with violations of Penal Code sections 593 and 484 (interference with electrical transmission lines and theft, respectively) by a complaint theretofore filed in a justice court and was arrested pursuant to a warrant issued on those charges. While he was in custody of an officer, and before he was booked, jailed or convicted, he escaped. The principal issue in this case is whether appellant can be legally convicted of a violation of Penal Code section 4532, subdivision (b), which in pertinent part provides: “Every prisoner arrested and booked for, charged with, or convicted of a felony who is confined in any county or city jail or prison or industrial farm or industrial road camp or who is engaged on any county road or other county work or who is in the lawful custody of any officer ... who escapes or attempts to escape ... is guilty of a felony... .” Appellant contends that his departure from the custody of the officer is not proscribed by the statute. (People v. Harris (1961) 191 Cal.App.2d…