STATE v. ELLIS

No. 46,032

208 Kan. 59 (1971)

490 P.2d 364

STATE OF KANSAS, Appellee, v. BILLY DEAN ELLIS, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1971.


Attorney(s) appearing for the Case

Robert D. Beall, of Leavenworth, argued the cause, and was on the brief for the appellant.

Douglas G. Waters, Jr., special prosecutor, of Leavenworth, argued the cause, and Vern Miller, attorney general, and Patrick J. Reardon, county attorney, were with him on the brief for the appellee.


The opinion of the court was delivered by

O'CONNOR, J.:

The appellant has appealed from his conviction of the offense of escape from the penitentiary without breaking, in violation of K.S.A. 21-734.

The controlling question for our consideration is whether or not an accused imprisoned in the state penitentiary for another offense, who has a criminal charge pending against him in Leavenworth County, is entitled...

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