State v. Smitch
Supreme Court of Iowa
Appeal from Jones District Court. — F. O. Ellison, Judge. ■ The defendant, while serving a term in the penitentiary, is charged in the indictment with and was convicted for having escaped from custody when on a public road and railway, going from his work in a place owned by the state outside of the penitentiary enclosure. He appeals.
1Opinion of the CourtLadd, J.
The accused was serving a term of less than life in The Reformatory, at Anamosa. While being conducted by one of the guards from the place where he was employed at the state stone quarry, to The Reformatory, upon a road or railway, about September 22, 1911, he escaped from the custody of said guard, and ran away. The court instructed the jury that, if they so found, he should be convicted. The contention of the appellant is that Chapter 147 of the Acts of the Twenty-ninth General Assembly did not denounce as a crime the escape of a convict from The Reformatory. That section provides that:
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2Cases cited5 opinions
- Henderson v. PeopleIllinois Supreme Court · 1897
- Cross v. StateIndiana Supreme Court · 1892
- United States v. SmithU.S. Circuit Court for the District of Eastern Virginia · 1889
- State v. NolanSupreme Court of Kansas · 1892
- Beard v. City of BostonMassachusetts Supreme Judicial Court · 1890
3Cited by1 opinion
- Cummings v. LainsonSupreme Court of Iowa · 1948