State v. Kelly

The opinion of the court was delivered by

Fatzer, J.:

On August 3, 1960, while the defendant, Virgil Eugene Kelley, was confined at hard labor in the Kansas State Penitentiary at Lansing for a term less than life, and while working outside the walls of the prison as a trusty, he escaped. He was apprehended and returned to the custody of the warden to serve the sentence previously imposed. Thereafter the defendant was charged, tried and convicted by a jury in Leavenworth County with the violation of G. S. 1949, 21-734 which makes it a felony to escape from the custody of prison officials under…