People v. Murphy

The indictment accuses the defendant of escaping from the Monroe County Penitentiary in the town of Brighton, Monroe county, N. Y., on September 17, 1941. He had been convicted and sentenced to that institution on September 8, 1941, for public intoxication. The indictment characterizes public intoxication as “ a misdemeanor.”

*1043The indictment charges a violation of section 1694 of the Penal Law, which makes an escape from custody or confinement by a prisoner a misdemeanor, if such custody or confinement is “ upon a charge, arrest, commitment, or conviction ” for a misdemeanor. The district…