People v. Tomer

A jury found defendant guilty upon two counts of escape in violation of Ill. Rev. Stat. 1969, ch. 38, par. 31—6(a). A sentence of eight to ten years was imposed. Defendant appeals.

The statute defines the charged offenses in the language:

“A person convicted of a felony, or charged with the commission of a felony who intentionally escapes from any penal institution or from the custody of an employee of that institution shall be imprisoned in the penitentiary from one to ten years.”

In summary, Count II of the indictment charged that defendant had been convicted of a felony and was charged with…