Potter v. Commonwealth

Opinion of the Court by

Judge Clarke

— Reversing.

The appellant was convicted of the offense of escaping from the custody of an officer who had arrested him for operating a moonshine still. The offense is defined by section 1338, Kentucky Statutes, which is as follows:

*78“If a prisoner confined on a sentence of imprisonment, or to be whipped, or under a capias, escapes jail, or if a person lawfully arrested upon a charge for a violation of the criminal or penal laws forcibly or by bribery effects his escape from the officer or guard, he shall be confined in jail not less than six nor more than…