State v. Lewis
Supreme Court of Kansas
Appeal from Atchison District Court. Information against Lewis, charging that said Lewis, on the 23d of February 1877, while imprisoned in the common jail of Atchison county, in the custody of the sheriff of said county, duly charged with having committed the crime of burglary, before conviction upon such charge, and awaiting his trial therefor, unlawfully and feloniously broke such jail and escaped therefrom and from the custody of said sheriff, etc.
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Appeal from Atchison District Court. Information against Lewis, charging that said Lewis, on the 23d of February 1877, while imprisoned in the common jail of Atchison county, in the custody of the sheriff of said county, duly charged with having committed the crime of burglary, before conviction upon such charge, and awaiting his trial therefor, unlawfully and feloniously broke such jail and escaped therefrom and from the custody of said sheriff, etc. Trial at the March Term 1877. Verdict, guilty, and Lewis was sentenced to confinement in the penitentiary for two years. He now appeals to this…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was a criminal prosecution for an alleged violation of section 183 of the act relating to crimes and punishments. (Gen. Stat. 357.) Said section reads as follows:
“Sec. 183. If any person, lawfully imprisoned or detained in any county jail or other place of imprisonment, or in the custody of any officer, upon any criminal charge, before conviction, for the violation of any penal statute, shall break such prison or custody and escape therefrom, he shall upon conviction be punished by confinement and hard labor for a term not exceeding…
2Cases cited1 opinion
- State v. DicksonSupreme Court of Kansas · 1870
3Cited by15 opinions
- State v. MerrifieldSupreme Court of Kansas · 1956
- People v. Ah TeungCalifornia Supreme Court · 1891
- McPherson v. StateIndiana Supreme Court · 1912
- State v. BloomerSupreme Court of Kansas · 1966
- Becker v. FloerschSupreme Court of Kansas · 1941
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