READ v. UNITED STATES

Nos. 8480, 8481.

361 F.2d 830 (1966)

Gerald Leroy READ, Appellant, v. UNITED STATES of America, Appellee. Richard Leroy WOLD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 13, 1966.


Attorney(s) appearing for the Case

William V. Crank, Wichita, Kan., for appellants.

John W. Raley, Jr., Asst. U. S. Atty. (B. Andrew Potter, U. S. Atty., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.


HILL, Circuit Judge.

Appellants were tried and convicted by a jury of escape from custody, 18 U.S.C. § 751, and have appealed. The pivotal issue is whether or not they were in "custody" within the meaning of that term under the statute.

The facts are not in dispute. Appellants were prisoners in the federal reformatory at El Reno, Oklahoma. On March 20, 1965, they were taken, together with seventeen other inmates, to Oklahoma City for participation in...

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