Magee v. State

CATES, Judge.

This appeal from a judgment of the Madison Circuit Court was submitted October 21, 1965.

Magee was convicted on an indictment charging him with escaping from the custody of a penitentiary guard. Code 1940, T. 14, § 153, 1 as amended, provides:

“Any convict who escapes or attempts to escape from the penitentiary, or from any person or guard having him in charge under authority of law, either within or outside the walls of the penitentiary, before the expiration of the term for which he was sentenced, shall, on conviction be imprisoned for an additional term of not less than one…