State v. Dearman

The opinion of the court was delivered by

Schroeder, J.:

The question presented by this appeal is whether a defendant who has been convicted of a felony and sentenced to the Kansas State Penitentiary, and escapes from the county jail pending his transfer to the penitentiary, can be charged with violating K. S. A. 21-732.

The foregoing statute provides:

“If any person confined in a place of confinement for any term less than for fife, -or in lawful custody going to the place of confinement, shall break such prison or custody and escape therefrom, he shall upon conviction be punished by confinement…