State v. Carreiro

The opinion of the court was delivered by

Schroeder, J.:

This is a direct appeal by the defendant in a criminal action from a conviction for escaping lawful custody contrary to the provisions of K. S. A. 21-734. Appeal has been duly perfected.

The underlying issue presented is whether the appellant was in lawful custody on June 26, 1967, at the time he actually departed from the Pomona Reservoir Honor Camp, and thereby unlawfully gained his liberty contrary to the provisions of 21-734, supra.

On the 19th day of March, 1965, the appellant was sentenced to the Kansas State Penitentiary at Lansing,…