State v. McCarther

The opinion of the court was delivered by

Fatzer, J.:

The defendant, Richard Lee McCarther, was convicted by a jury of escaping from the county jail of Sedgwick County, and has appealed.

On December 5, 1964, the defendant, while lawfully confined in the Sedgwick County jail awaiting trial on charges then pending against him for first degree robbery, felonious assault and possession of firearms after a felony conviction, broke imprisonment and escaped. An information was filed directly in the district court charging the defendant with escape before conviction in violation of K. S. A. 21-736, and…