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STATE v. STEWART

No. 46,073

208 Kan. 197 (1971)

491 P.2d 944

STATE OF KANSAS, Appellee, v. WILLIAM RUSSELL STEWART, Appellant.

Supreme Court of Kansas.

Opinion filed December 11, 1971.

Attorney(s) appearing for the Case

Tom Boone, of Leavenworth, argued the cause and was on the brief for Appellant.

Patrick J. Reardon, county attorney, argued the cause, and Vern Miller, attorney general, and R.B. Miller, III, special prosecutor, were with him on the brief for Appellee.

The opinion of the court was delivered by

FATZER, C.J.:

The appellant, William Russell Stewart, was convicted of escaping without breaking from the Kansas State Penitentiary in violation of K.S.A. 21-734 (now K.S.A. 1970 Supp., 21-3810). During his trial, the appellant was served with notice of the state's intention to invoke the Habitual Criminal Act (K.S.A. 21-107a [now K.S.A. 1970 Supp., 21-4504]). The appellant was sentenced pursuant to that Act to serve...

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