Johnson v. State

Kenneth A. Johnson, Tyrone Henderson, William Hood, and Grady Thomas Bobbitt escaped from the St. Joseph County Jail on March 25, 1975. They were charged in one Information with the violation of the jailbreaking statute, IC 1971, 35-21-8-1 (Burns Code Ed.). Later, a jury found them guilty of a felonious jailbreak-ing. All were sentenced to the Department of Corrections for a period of not less than one year nor more than five years. Their appeal to this Court is based upon the unconstitutionality of the statute. The statute provides a choice between a felony and a misdemeanor conviction. This…