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CHAPTER III.

Escapes, and Aiding Therein.

Escapes from state prison, punishment of.
Penalty for attempting to escape from prison.
Punishment for escape of prisoner.

Officers suffering convicts to escape.

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Assisting prisoners to escape.

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109a.

Escapes from state hospitals.

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110.

§ 111.

Carrying into prison things useful to aid in escape.
Expense of trial for escape.

§ 105. Escapes from state prison, punishment of. Every prisoner confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a 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. [Amendment approved 1905; Stats. 1905, p. 723.]

See note to § 669, post.

Constitutionality of the section. See Cook, In re, 13 Cal. App. 399, 401, 110 Pac. 352.

Cumulative sentences: See note to § 669, post.

Punishment for assisting prisoner to escape. See post, § 109, for the punishment imposed, in this state, upon a person who assists a prisoner confined in any prison, or in the lawful custody of any officer or person, to escape.

Escape suffered by officers: Post, § 108.

Killing escaped prisoner is justifiable when: See post, § 196.
Rescues: See ante, § 101.

California Jurisprudence: See articles, Escape and Rescue, vol. 10, p. 561; Prisons and Prisoners.

A. L. R. Note: Escape or prison breach as affected by means employed to effect it, note 10 A. L. R. 148.

Legislation § 105. 1. Enacted February 14, 1872 (based on Stats. 1855, p. 203, § 1), and then read: "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 equal in length to the term he was serving at the time of such escape."

2. Amended by Code Amdts. 1880, p. 42, adding the second clause of the section, which read as at present.

3. Amended by Stats. 1905, p. 723; the code commissioners saying, "The old section was open to the objection that the punishment prescribed was unequal, not proportionate to the offense, and its constitutionality on that account has been sometimes doubted. The cases of State v. Lewin, (Kan.) 37 Pac. Rep. 168; Barbier v. Connolly, 113 U. S. 27; Coon Hing v. Crowley, 113 U. S. 703; Hayes v. Missouri, 120 U. S. 68; Home Ins. Co. v. N. Y., 134 U. S. 594; Pembina Mng. Co. v. Penn. 125 U. S. 181; Crowley v. Christenson, 137 U. S. 86; Yick Wo v. Hopkins, 118 U. S. 358; Civil Rights Cases, 103 U. S. 3, are cited in behalf of this view."

§ 106. Penalty for attempting to escape from prison. Every prisoner committed to a state prison for a term less than for life, who escapes or attempts to escape while

being conveyed to or from or while confined within such prison or while at work outside such prison under the surveillance of prison guards 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. [Amendment approved May 9, 1921; Stats. 1921, p. 77.]

The legislature has made § 18, ante, a part of this section as far as the penalty is concerned. Cook, In re, 13 Cal. App. 399, 403, 110 Pac. 352.

California Jurisprudence: Sce articles Escape and Rescue, vol. 10, p. 561; Prisons and Prisoners.

Legislation § 106. 1. Enacted February 14, 1872 (based on Field's Draft, § 138, N. Y. Pen. Code, § 85), and then read: "Every prisoner confined in the state prison for a term less than for life, who at tempts to escape from such prison, is guilty of felony."

2. Amended by Code Amdts. 1880, p. 42, and then read: "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."

3. Amended by Stats. 1921, p. 77, (1) by substituting "committed" for "confined" at the beginning of the section; (2) by substituting for the words "who attempts to escape from such prison" the following: "Who escapes or attempts to escape while being conveyed to or from or while confined within such prison or while at work outside such prison under the surveillance of prison guards."

§ 107. Punishment for escape of prisoner. Every prisoner charged with or convicted of a felony who is confined in any jail or prison or an inmate of any public training school or reformatory or county hospital, or who is engaged on any county road or other county work or who is in the lawful custody of any officer or person, who escapes or attempts to escape from such jail, prison, public training school, reformatory or county hospital, or from the custody of the officer or person in charge of him while engaged on or going to or returning from such county work or from the custody of any officer or person in whose lawful custody he is, is guilty of a felony and is punishable as provided in section one hundred eight of the Penal Code. [Amendment approved 1923; Stats. 1923, p. 270.]

California Jurisprudence: See articles Escape and Rescue, vol. 10, p. 561; Prisons and Prisoners.

Legislation § 107. 1. Enacted February 14, 1872, and then read: "Every prisoner confined in any other prison than the state prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor."

2. Amended by Stats. 1923, p. 270, recasting the section.

§ 108. Officers suffering convicts to escape. 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.

Legislation § 108. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 241, § 99, which read: "If any sheriff, coroner, jailer, keeper of a prison, constable, or other officer or person whatever, having any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, every such officer or person so offending shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for any time not exceeding five years: Provided, that, if such prisoner be in custody charged with murder or other capital offense, then such officer or person suffering or permitting such escape, shall be punished by imprisonment in the state prison, for any term not less than one year, nor more than ten years. A negligent escape of a person charged with a criminal offense before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanor, and punished by fine not exceeding five thousand dollars."

§109. Assisting prisoners to escape. 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. [Amendment approved 1907; Stats. 1907, p. 271.]

California Jurisprudence: See articles Escape and Rescue, vol. 10, p. 563; Prisons and Prisoners.

A. L. R. Note: Responsibility of persons participating in jail delivery for homicide committed by one of their number, note 15 A. L. R. 456.

Legislation § 109. 1. Enacted February 14, 1872; based on Field's Draft, § 144, N. Y. Pen. Code, § 88; also based on Crimes and Punishment Act, Stats. 1850, p. 241, § 98, which read: "§ 98. If any person shall aid or assist a prisoner, lawfully imprisoned or detained in custody for any offense against this state, or who shall be lawfully confined by virtue of any civil process, to make his or her escape from imprisonment or custody, though no escape be actually made; or if any person shall convey or cause to be delivered to such prisoner any disguise, instrument, or arms, proper to facilitate the escape of such prisoner, any person so offending (although no escape or attempt to escape be actually made), shall, on conviction, be punished by fine not exceeding five thousand dollars, and impris oned in the county jail not exceeding five years." When enacted in 1872, § 109 read: "Every person who willfully assists any prisoner confined in any prison or in the lawful custody of any officer or per

son to escape, or in an attempt to escape from such prison or cus tody, is punishable as provided in section 108 of this code."

2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 647, differing from the amendment of 1907 (the present section), (1) having, as the first words of the section, "Every person who willfully assists" instead of "Any person who willfully assists any paroled prisoner whose parole has been revoked, any escape"; (2) not having, at end of section, the words "of the Penal Code"; the code commissioner saying, "The amendment is designed to make it punishable to assist the escape of inmates of reformatories, and to accomplish this end the following insertions have been made: The words 'or jail, or reformatory,' the words 'or any person,' and the words 'or jail, or public training school, or reformatory."'"

4. Amended by Stats. 1907, p. 271.

§ 109a. Escapes from state hospitals. Any person who willfully assists any inmate of a state hospital to escape, or in an attempt to escape therefrom, is guilty of a misdemeanor.

California Jurisprudence: See articles Escape and Rescue, vol. 10, p. 561; Hospitals and Asylums.

Legislation § 109a. Added by Stats. 1917, p. 275.

§ 110. Carrying into prison things useful to aid in escape. Every person who carries or sends into a prison, jail, public training school, or reformatory, 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. [Amendment approved 1905; Stats. 1905, p. 647.]

California Jurisprudence: See articles Escape and Rescue, vol. 10, p. 563; Prisons and Prisoners.

Legislation § 110. 1. Enacted February 14, 1872; based on Field's Draft, § 142, N. Y. Pen. Code, § 87; also based on Crimes and Punishment Act, Stats. 1850, p. 241, § 96, which read: “§ 96. If any person shall carry to any conviet imprisoned or in custody, or into any county jail or other place where such convict may be confined, any tool, weapon, or other aid with intent to enable such convict to escape such custody or confinement, whether such escape be effected or not, any person so offending, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, and imprisonment in the state prison not exceeding five years."

2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 647, (1) inserting (a) "jail, public training school, or reformatory" after "prison," and (b) “or inmate" after "prisoner" in both instances; (2) omitting "of this code" at end of section; the code commissioner saying, "The change is in line with the proposed change in § 109."

§ 111. Expense of trial for escape. 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 com

mitted 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 such 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. [Amendment approved 1905; Stats. 1905, p. 774.]

California_Jurisprudence: See articles Escape and Rescue, vol. 10, p. 566; Prisons and Prisoners.

Legislation § 111. 1. Added by Code Amdts. 1880, p. 9, and then. read: "Whenever a trial shall be had of any person under any of the provisions of sections one hundred and five and one hundred and six of this code, and whenever a convict in the state prison shall be tried for any crime committed therein, the county clerk of the county where such trial is had shall 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, properly certified to by a superior judge of said county, which statement shall be sent to the board of state prison directors for their approval; and after such approval, said board shall 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."

2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 774; the code commissioner saying, "It is manifestly proper that the county should be recouped for the expenses covered by the amendment."

CHAPTER IV.

Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents.

§ 113. Larceny, destruction, etc., of records by officers having them in custody.

§ 114. Larceny, destruction, etc., of records by other persons.
$115. Offering false or forged instruments to be filed of record.
§ 116. Adding names, etc., to jury-lists.

§ 117. Falsifying jury-lists, etc.

§ 113. Larceny, destruction, etc., of records by officers having them in custody. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other

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