People v. Boucher

On December 20, 1977, Defendant, John D. Boucher, was indicted by the grand jury of Tazewell County on several counts for the offense of escape. However, defendant was tried as to only that count which alleged defendant committed felony escape because he, while in custody on a felony charge of arson, did intentionally escape from a penal institution, being the Tazewell County jail. The other counts of the indictment were dismissed.

Prior to trial, defendant argued that the escape statute was unconstitutional because the distinction between escapees in custody by reason of a felony charge and…