People v. Weber

The information charges that the defendant was “a prisoner lawfully committed to the state prison . . . at Folsom . . . for a term less than life; and . . . while at work outside such prison, to wit: in the County of Shasta, State of California, under the surveillance of prison guards of said Folsom prison, did . . . willfully, unlawfully and feloniously escape from the surveillance of said prison guards.” The charge was proved by uncontradicted evidence and the jury returned a verdict of guilty. The defendant prosecutes this appeal from the judgment.

The defendant moved the trial court to…