STATE v. RICKS

No. 38,769

173 Kan. 660 (1952)

250 P.2d 773

STATE OF KANSAS, Appellant and Cross-Appellee, v. JAMES RICKS, Appellee and Cross-Appellant.

Supreme Court of Kansas.

Opinion filed December 6, 1952.


Attorney(s) appearing for the Case

James N. Snyder, assistant county attorney, argued the cause, and Harold R. Fatzer, attorney general, Paul E. Wilson, assistant attorney general, and Colonel H. Boone, county attorney, were with him on the briefs for the appellant.

James E. Fussell, of Leavenworth, argued the cause, and was on the briefs for the appellee.


The opinion of the court was delivered by

WEDELL, J.:

The state appeals from a sentence imposed after defendant's conviction on a charge he escaped from the custody of officers, without actually breaking prison, in violation of G.S. 1949, 21-733 and 21-734.

The defendant has cross-appealed. We shall continue to refer to the parties as the state and the defendant. The main appeal will be considered first. The defendant was employed as a trusty outside...

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