In Re Evans

Petitioner seeks to test the legality of his sentence following conviction for breaking prison. His sentence for this offense was ordered to run consecutively. Petitioner complains among other things that the sentencing judge had no right to order that his sentence be served consecutively, under the “escape” statute as it stood at the time of his escape. He ur-ges that his sentence should instead run' concurrently.

CL 1948, § 750.193 (Stat Ann 1953 Cum Supp § 28.390) in effect at both the time of the escape and sentence of petitioner provided as follows:

“Any person, being imprisoned in any…