People v. Bagley

Defendant Richard H. Bagley appeals from a conviction of attempted escape in violation of Penal Code, section 4530, and from an order denying his motion for a new trial.

The facts, which are substantially without dispute, reveal that on May 25, 1961, Richard Bagley and Larry Dis-brow were inmates of the State of California Correctional Training Facility at Soledad, California. At approximately 1:45 p. m. on that day, Woodrow Lane, a guard on tower duty in the prison recreation yard, observed Bagley and Disbrow run past the out-of-bounds stakes toward the fence surrounding the yard. Immediately…