KELLY v. STATE

3 Div. 333.

208 So.2d 217 (1968)

Robert Lee KELLY v. STATE.

Court of Appeals of Alabama.

March 5, 1968.


Attorney(s) appearing for the Case

W. Mark Anderson, III, Hare & Anderson, Montgomery, for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.


CATES, Judge.

This is a direct appeal from a judgment based on a plea of guilty to escape from the penitentiary. Code 1940, T. 14, § 153, as amended, reads:

"§ 153. Any convict who escapes or attempts to escape from the penitentiary, or from any person or guard having him in charge under authority of law, either within or outside the walls of the penitentiary before the expiration of the term for which he was sentenced, shall, on conviction be imprisoned...

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