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STATE v. BALL

No. 45,467

204 Kan. 415 (1970)

464 P.2d 175

STATE OF KANSAS, Appellee, v. BUSTER JOE BALL, Appellant.

Supreme Court of Kansas.

Opinion filed January 24, 1970.

Attorney(s) appearing for the Case

Marian M. Burns, of Lyndon, 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 in which the defendant was convicted upon his own plea of guilty and sentenced pursuant to K.S.A. 21-734.

The underlying issue presented is whether the appellant was in lawful custody on September 12, 1967, at the time he actually departed from the Pomona Honor Camp, and thereby unlawfully gained his liberty contrary to the provisions...

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