State v. Howard

This is a criminal prosecution for escape from custody in violation of section 28-736, R. R. S. 1943. Appellant at the time of the escape was confined in the Box Butte county jail on two counts of a burglary complaint in lieu of a $500 appearance bond.

Appellant, during the trial on the burglary complaint; pled guilty to escape from custody. While the matter was pending on a presentence investigation, the jury found the appellant not guilty on the burglary complaint. Appellant then sought to withdraw his guilty plea to escape from custody on the theory that he couldn’t be guilty of escape from…