Legal Opinion

Gerald Leroy Read v. United States of America, Richard Leroy Wold v. United States

Court of Appeals for the Tenth Circuit

Decided June 13, 1966No. 8481_1PublishedCited by 14 opinions

1Opinion of the Court

HILL, Circuit Judge.

Appellants were tried and convicted by a jury of escape from custody, 18 U.S.C. § 751, and have appealed. The pivotal issue is whether or not they were in “custody” within the meaning of that term under the statute.

The facts are not in dispute. Appellants were prisoners in the federal reformatory at El Reno, Oklahoma. On March 20, 1965, they were taken, together with seventeen other inmates, to Oklahoma City for participation in a speech contest. They were escorted by four employees of the reformatory who were unarmed. The speech contest was held in a cafeteria and the…

2Cases cited4 opinions

  1. Giles v. United StatesCourt of Appeals for the Ninth Circuit · 1946
  2. Forrest Silva Tucker v. United StatesCourt of Appeals for the Ninth Circuit · 1958
  3. Leroy Francis Nace, Jr. v. United StatesCourt of Appeals for the Eighth Circuit · 1964
  4. Nace v. United StatesDistrict Court, D. Minnesota · 1964

3Cited by14 opinions

  1. United States v. Raymond EaglinCourt of Appeals for the Ninth Circuit · 1977
  2. United States v. Clifford Bailey, United States of America v. Ronald Clifton Cooley, United States of America v. Ralph WalkerCourt of Appeals for the D.C. Circuit · 1978
  3. United States v. James Woodrow RudinskyCourt of Appeals for the Sixth Circuit · 1971
  4. Alexander v. StateCourt of Criminal Appeals of Alabama · 1984
  5. State v. HolbrookSupreme Judicial Court of Maine · 1974

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