State v. Burrell

LOCKWOOD, Chief Justice.

Though this action originated as a petition for a writ of habeas corpus, it is, and will be treated as, an appeal from the petitioner’s convictions.

Defendant, an inmate of the Arizona State Prison, was a member of a “work gang” of thirty prisoners assigned to clean out a ditch on the prison farm under the supervision of three armed guards mounted on horseback.

Shortly after noon on June 11, 1963 some of the prisoners staged a “break” and' escaped in one of the vehicles used to transport them to the farm. The break was accomplished by the use of guns by three prisoners…