State v. Schonenberger

The opinion of the court was delivered by

Parker, J.:

This is a criminal action in which the state, under authority of G. S. 1949, 62-1703, appeals from rulings and orders of the trial court on questions reserved.

The controlling facts, none of which are in controversy, will be stated in summarized fashion in order.to insure a proper understanding of the issues involved.

On October 30, 1951, a complaint was filed in the City Court of Leavenworth County, Kansas, charging the defendant with having escaped from.the Kansas State Penitentiary on May 9, 1949, while lawfully confined in that institution…