State v. Ball

The opinion of the court was delivered by

Schroeder, J.:

This is a direct appeal by the defendant in a criminal action in which the defendant was convicted upon his own plea of guilty and sentenced pursuant to K. S. A. 21-734.

The underlying issue presented is whether the appellant was in lawful custody on September 12, 1967, at the time he actually departed from the Pomona Honor Camp, and thereby unlawfully gained his liberty contrary to the provisions of 21-734, supra.

On the 28th day of October, 1966, the appellant was sentenced to the Kansas State Penitentiary at Lansing, Kansas, for a term…