State v. Tarvin

The opinion of the court was delivered by

Fatzer, J.:

The sole question 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, located within Osage County, and thereby unlawfully gained his liberty contrary to the provisions of K. S. A. 21-734.

On April 14, 1966, the appellant entered his plea of guilty in the district court of Marshall County, to the crime of attempt to commit burglary in the second degree in violation of K. S. A. 21-520, and was sentenced to the Kansas State Penitentiary for a term less…