Tann v. Commonwealth

Keystone Tann, alias Henry Harris, was, on the 13 th day of March, 1946, indicted in the Circuit Court of the city of Richmond, Virginia, on a charge of escaping from the State Penitentiary while being then and there confined under a lawful conviction and sentence for a felony. Virginia Code, 1942 (Michie), section 5049. Trial upon this indictment was held on February 7, 1949, shortly after the recapture of Tann.

Upon his trial, the defendant, by counsel, first moved the court to quash the indictment against him on the ground that any judgment of conviction for which he was held in custody at…