State v. Johnson

HEDRICK, Judge.

Defendant assigns as error the failure of the trial court to instruct the jury that before they could convict the defendant of felonious escape they must first find beyond a reasonable doubt that at the time of his escape defendant was serving a sentence imposed upon conviction of a felony. The specific portion of the instructions upon which defendant bottoms his argument appears in the record as follows:

“Our law makes it unlawful for a person who is in the lawful custody of the State Department of Corrections to escape or to attempt to escape therefrom and for the State to be…