State v. Hedrick

KENNEDY, Judge.

Defendant Hedrick was convicted upon a jury trial of escape from confinement, § 575.210, RSMo 1978. As a persistent offender, § 558.016, RSMo 1978 (Cum.Supp. 1981), he was sentenced to ten years’ imprisonment.

Defendant appeals, claiming that the evidence was insufficient to sustain the conviction. Defendant’s point is well taken and the conviction is reversed.

The facts are as follows:

Defendant escaped from the Ray County jail on February 28, 1980. He was being held there, according to the state’s theory, as the result of an arrest for an earlier escape from confinement from the…