Gallegos v. People

Gallegos was tried on a charge of felonious escape under C.R.S. 1963, 40-7-53, the germane part of which reads as follows:

“Any person after being found guilty of a felony by a court or jury or after pleading guilty to a felony who, while being held in a jail or while in the custody of any person lawfully having charge of him, escapes therefrom shall be deemed guilty of a felony and upon conviction shall be imprisoned in the state penitentiary for not less than one year nor more than ten years . . .”

After denying his motion for new- trial, the trial court, pursuant to the jury verdict of…