People v. Parker

[122 CalApp2d Page 868] In an information filed by the district attorney of Merced County, appellant John K. Parker and Jesse Jack Wilmoth were jointly charged with two crimes. In count one of the information they were charged with violating section 4534 of the Penal Code, it being alleged that appellant and Wilmoth on or about the 3d day of August, 1952, ""did wilfully, unlawfully and feloniously assist a prisoner, to-wit: Louis David Lyda, who was confined in the [122 CalApp2d Page 869] Merced County Jail and in the lawful custody of the sheriff of the County of Merced, to escape."" The second count charged a violation of section 32 of the Penal Code, it being alleged that appellant and Wilmoth on or about August 3, 1952, ""did wilfully, unlawfully and feloniously, and with knowledge that the crime of escape, a felony, was committed by Louis David Lyda, harbor, conceal and aid said Louis David Lyda . . . [to] escape from trial, conviction, and punishment for said felony.""