Johnston v. State

OPINION

BRETT, Presiding Judge:

The appellant, Larry Wayne Johnston, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Cleveland County, Case No. CRF-7S-528, for the offense of Escape From Penitentiary. From a jury sentence of two (2) years the defendant perfects this appeal.

The State’s evidence disclosed that prior to September 30, 1975, defendant was incarcerated in the Lexington Community Treatment Center, pursuant to a conviction of assault with a dangerous weapon with intent to injure. On that day defendant was working for Neway Crating as part…