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STATE v. CARREIRO

No. 45,423

203 Kan. 875 (1969)

457 P.2d 123

STATE OF KANSAS, Appellee, v. GEORGE L. CARREIRO, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1969.

Attorney(s) appearing for the Case

Gaylord Reichart, of Burlington, argued the cause and was on the brief for the appellant.

Adrian M. Farver, County Attorney, argued the cause, and Kent Frizzell, Attorney General, was with him on the brief for the appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is a direct appeal by the defendant in a criminal action from a conviction for escaping lawful custody contrary to the provisions of K.S.A. 21-734. Appeal has been duly perfected.

The underlying issue presented is whether the appellant was in lawful custody on June 26, 1967, at the time he actually departed from the Pomona Reservoir Honor Camp, and thereby unlawfully gained his liberty contrary...

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