SPRATLEY, Justice.
Keystone Tann, alias Henry Harris, was, on the 13th day of March, 1946, indicted in the Circuit Court of the city of Richmond, Virginia, on a charge of escaping from the State Penitentiary while being then and there confined under a lawful conviction and sentence for a felony. Virginia Code 1942, Michie, section 5049. Trial upon this indictment was held on February 7, 1949, shortly after the recapture of Tann.
Upon his trial, the defendant...
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