person, for a service rendered in procuring from the governor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this state, or detaining him therein, except as provided for in such section. [Pen. Code.] C. ESCAPES AND RESCUES. Escapes from state prison. SEC. 105. Every prisoner confined in the state prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the 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. [Pen. Code.] This section applies to escapes from state's prison exclusively: 132 Cal. 246. Where a prisoner has been convicted of two crimes, and the second sentence is imposed to commence upon the termination of the first, but during the first sentence, he escapes, upon his arrest and conviction for escape, the sentence then imposed does not commence until the expiration of the cumulative sentences imposed by the prior judgment: 88 Cal. 169. A convict out on parole who escapes is a fugitive from justice: 68 Conn. 441. Section 105 is limited to escape and does not justify imposing cumulative sentence for burglary on a convict for assault to commit murder: 133 Cal. 346. See, also, 8 Cyc. 897. Attempt to escape from state prison. SEC. 106. Every prisoner confined in the state prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. [Pen. Code.] Conspiracy to escape. SEC. 182. If two or more persons conspire 1. To commit any crime * * * 5. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice or due administration of the laws; ** * they are punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both. [Pen. Code.] During conspiracy of convicts to escape from state's prison, the acts and declarations of each are admissible as evidence against the co-conspirators: 146 Cal. 502. Held that the same were admissible as tending to show a guilty intent and common purpose in 145 Cal. 659. Escaped or rescued prisoner may be retaken at any time or any place. SEC. 854. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and retake him at any time and in any place within the state. [Pen. Code.] To retake prisoner, officer may break open door or window. SEC. 855. To retake the person escaping or rescued, the person pursuing may break open an outer or inner door or window of a dwelling-house, if, after notice of his intention, he is refused admittance. [Pen. Code.] Officers suffering convicts to escape. SEC. 108. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits, the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, and fine not exceeding ten thousand dollars. [Pen. Code.] Assisting prisoners to escape. SEC. 109. Any person who willfully assists any paroled prisoner whose parole has been revoked, any escape, any prisoner confined in any prison or jail, or any inmate of any public training school or reformatory, or any person in the lawful custody of any officer or person to escape, or in an attempt to escape from such prison or jail, or public training school or reformatory, or custody, is punishable as provided in section one hundred and eight of the Penal Code. [Pen. Code.] Carrying into prison things useful to aid in an escape. SEC. 110. Every person who carries or sends into a prison anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is punishable as provided in section one hundred and eight. [Pen. Code.] STANFORD LIBRARIES Trials of convicts for escaping, or for crimes committed in prison, to be a state charge. SEC. 111. Whenever a trial is had of any person under any of the provisions of sections one hundred and five and one hundred and six, and whenever a convict in the state prison is tried for any crime committed therein, the county clerk of the county where such trial is had must make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, and of the execution of the sentence of such convict, properly certified to by a judge of the superior court of said county, which statement must be sent to the board of state prison directors for their approval; and after such approval, said board must cause the amount of such costs to be paid out of the money appropriated for the support of the state prison to the county treasurer of the county where such trial was had. [Pen. Code.] Rescuing prisoners. SEC. 101. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows: 1. If such prisoner was in custody upon a conviction of felony punishable with death, by imprisonment in the state prison not less than one nor more than fourteen years. 2. If such prisoner was in custody upon a conviction of any other felony, by imprisonment in the state prison not less thau six months nor more than five years. 3. If such prisoner was in custody upon a charge of felony, by a fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding two years. [Pen. Code.] ** * * Refusing aid to officer in recapturing escape, see Penal Code, sec. 150, page 104. = |