Jenks v. State
Supreme Court of Arkansas
Appeal from Pulaski Circuit'Court, . Robert J. Dea, Judg-e. STATEMENT BY THE COURT. The appellant, Ed. Jenks, was a convict serving- a term in the penitentiary for the crime of burglary and larceny. While thus serving as a convict, he was made a “trusty” by the commissioners of the penitentiary. He was afterwards sent with other convicts from the walls of the penitentiary to a camp or stockade, near the state insane asylum, upon which the convicts were at work.
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Appeal from Pulaski Circuit'Court, . Robert J. Dea, Judg-e. STATEMENT BY THE COURT. The appellant, Ed. Jenks, was a convict serving- a term in the penitentiary for the crime of burglary and larceny. While thus serving as a convict, he was made a “trusty” by the commissioners of the penitentiary. He was afterwards sent with other convicts from the walls of the penitentiary to a camp or stockade, near the state insane asylum, upon which the convicts were at work. After being made a “trusty,” he was not required to eat or sleep with other convicts, called “linemen,” but ate at a table prepared…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The question is whether the defendant is guilty of an escape, as described in the indictment. Our statute provides that “if any convict shall escape, on conviction thereof by indictment, he shall suffer such additional imprisonment as the jury before whom he may be tried shall direct, not less than five nor more than ten years.” Gould’s Digest, page 833, sec. 8.*
As to variance.
Although Jenks had been made a “trusty,” and was not confined in the walls of the penitentiary, nor kept under guard, yet he was required to remain within certain bounds, to do…
2Cases cited3 opinions
- Riley v. StateSupreme Court of Connecticut · 1843
- Commonwealth v. LaveryMassachusetts Supreme Judicial Court · 1869
- Bryant v. StateSupreme Court of Arkansas · 1896
3Cited by16 opinions
- Williams v. StateSupreme Court of Arkansas · 2002
- State v. BakerSupreme Court of Missouri · 1947
- Cassady v. StateSupreme Court of Arkansas · 1969
- Johnson v. StateSupreme Court of Georgia · 1905
- Perry v. StateCourt of Criminal Appeals of Oklahoma · 1945
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