State v. McGrew

The opinion of the court was delivered by

Robb, J.:

This is an appeal in a criminal proceeding from the trial court’s order overruling a motion for new trial.

The two defendants, appellants here, were prisoners in the Johnson county jail along with David Campbell. The three men were so-called “trusties" of the jail and from time to time were assigned certain work details by the jailer, who was a deputy sheriff. On the evening of December 31, 1961, they were assigned to a work detail of cleaning and polishing floors on the third floor of the courthouse where the Johnson county jail is located.…