In re Culver

In this habeas corpus proceeding, petitioner attacks his conviction of violating Penal Code section 4532, subdivision (b), escape from custody, on the ground that the undisputed facts establish that the statute did not prohibit his conduct. (See In re Zerbe (1964) 60 Cal.2d 666, 668 [36 Cal.Rptr. 286, 388 P.2d 182,10 A.L.R.3d 840].)

On the evening of August 11, 1961, a deputy sheriff received a call in his patrol car stating that a person of petitioner ’s description had struck another person with a pool cue during a poolroom fight and was wanted by the authorities. Shortly thereafter the…