Lacey v. State

*810OPINION

WALKER, Presiding Judge.

The defendant below, Albert Lacey, was convicted of escape, for which he was sentenced to one to three years in the penitentiary. He first challenges the weight and sufficiency of the evidence, contending particularly that, as a matter of law, he committed no escape because he did not leave the confines of the penitentiary without permission. He says he overstayed his lawful leave but that this does not make out the crime of escape as defined by T.C.A. § 39-3802.

After serving a number of months at the Fort Pillow State Farm on two concurrent five- to ten-year…