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STATE v. KELLY

No. 42,457

192 Kan. 641 (1964)

391 P.2d 123

STATE OF KANSAS, Appellee, v. VIRGIL EUGENE KELLY, Appellant.

Supreme Court of Kansas.

Opinion filed April 11, 1964.

Attorney(s) appearing for the Case

James E. Fussell, of Leavenworth, argued the cause and was on the briefs for appellant. Appellant was on the brief pro se.

Edward J. Chapman, Jr., County Attorney of Leavenworth, argued the cause and was on the briefs for appellee.

The opinion of the court was delivered by

FATZER, J.:

On August 3, 1960, while the defendant, Virgil Eugene Kelley, was confined at hard labor in the Kansas State Penitentiary at Lansing for a term less than life, and while working outside the walls of the prison as a trusty, he escaped. He was apprehended and returned to the custody of the warden to serve the sentence previously imposed. Thereafter the defendant was charged, tried and convicted by a jury...

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