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STATE v. TARVIN

No. 45,465

204 Kan. 413 (1970)

464 P.2d 16

STATE OF KANSAS, Appellee, v. JERRY TARVIN, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Clyde M. Burns, of Lyndon, argued the cause and was on the brief for appellant.

Adrian M. Farver, county attorney, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

FATZER, J.:

The sole question 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, located within Osage County, and thereby unlawfully gained his liberty contrary to the provisions of K.S.A. 21-734.

On April 14, 1966, the appellant entered his plea of guilty in the district court of Marshall County, to the crime of...

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