Brown v. State

BRETT, Judge:

This is an appeal from a conviction in the District Court of Pittsburg County on February 12, 1968, wherein the plaintiff in error, hereafter referred to as defendant, was convicted of the offense of breaking jail and escape. He was tried by the court without a jury and found guilty. Motion for new trial was filed and was overruled on February 19, 1968, when defendant was sentenced to serve one year in the state penitentiary.

Defendant and another prisoner, James Clifford Garner, both escaped from the Pittsburg County jail at the same time. Garner was being held in jail pending a…