People v. Hernandez

Opinion

COLE, Acting P. J.

Appellants John and Joe Hernandez were charged with committing a misdemeanor violation of Penal Code section 45501 in that they wilfully attempted “to rescue or aid another person in rescuing or attempting to rescue a prisoner . . . from any officer or person havin [¿7c] him in lawful custody.” The object of the rescue was Anthony Hernandez, a ward in the lawful custody of the Youth Authority. The principal question raised on this appeal is whether appellants were charged and convicted under the correct statute; the attack on this issue is made directly by them, and…