61 P. 591 | Idaho | 1900
One James Guy, while serving a term in the state prison, and before the expiration of such term, made his escape from said prison. He was retaken, whereupon an information charging him with such escape was filed.by the county attorney of Ada county in the district court of the third judicial-district in and for said Ada county, Honorable George H. Stew' art, judge. Thereafter, and on March 2, 1900, said county attorney filed in said district court his affidavit showing such facts- and moved that the defendant be brought before the court to plead, and that the case be proceeded with. Said district court denied said motion, refused to order said defendant brought before it, and refused to proceed with the case. To compel the said district court to proceed, plaintiff has commenced this proceeding,, and demands the writ of mandate of this court requiring the said district court to take the plea of said defendant, James Guy, to said information, at the next term of said court, and proceed to try said defendant. Annexed to the petition as exhibits are copies of said information, motion, and affidavit. To the petition the defendant files a general demurrer. The only question before us is, Can the defendant be tried for such escape before the expiration of his original sentence ?
Section 6452 of the Revised Statutes, is as follows: “Every-territorial prisoner confined in the territorial prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the territorial prison for a term equal in length to the-term he was serving at the time of such escape; said second term of imprisonment to commence from the time he would otherwise-have been discharged from said prison.” Construing this statute by the usual rules of construction, it is palpable that it was. the manifest intention of the legislature that a prisoner who escapes from the state prison should be speedily tried for such escape, without awaiting the termination of his original term of imprisonment. This intent is evident from the language, “said second term of imprisonment to commence from the time h&