State v. Ellis

The opinion of the court was delivered by

O’Connor, J.:

The appellant has appealed from his conviction of the offense of escape from the penitentiary without breaking, in violation of K. S. A. 21-734.

The controlling question for our consideration is whether or not an accused imprisoned in the state penitentiary for another offense, who has a criminal charge pending against him in Leavenworth County, is entitled to dismissal o£ the charge for failure of the warden to inform the accused in writing of the charge and of his right to request final disposition thereof, pursuant to the Uniform…