State v. Schaller

The sole issue presented for review is whether a probationer confined in a county jail as a condition of probation may be convicted of escape under sec. 946.42, Stats.

The plaintiff in error, the state, asserts that the qualifications embodied by the last sentence of the definition of “custody” in sec. 946.42 (5) (b), Stats., do not negate the applicability of the prior sentences. We do not agree. While agreeing with the conclusion that these subunits are not necessarily mutually exclusive, the facts of defendant Schaller’s elopement do fall within an exception to the “custody” required by the…