People v. Stratton

The defendant Kenneth G. Stratton appealed his conviction of escape from prison 1 charged as a second felony under the habitual criminal sections of the code of criminal procedure. 2

Stratton attempted to defend against the charge of prison escape by offering an insanity defense. This the trial judge refused to allow him to do on the ground that he had not given the prosecutor notice of his intention to do so in advance of the trial as required by the statute (MOLA, § 768.20 [Stat Ann 1954 Rev § 28.1043]).

The prosecutor alleged the second felony offense by a separate or supplemental…