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ROY v. COMMONWEALTH

500 S.W.2d 921 (1973)

Larry H. ROY and Donald E. Ault, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 12, 1973.

Attorney(s) appearing for the Case

Donald W. Jones, Princeton, for appellants.

Ed W. Hancock, Atty. Gen., Patrick B. Kimberlin, III, Asst. Atty. Gen., Frankfort, for appellee.

STEINFELD, Justice.

Appellants Larry H. Roy and Donald Eugene Ault were found guilty of escaping from a state penitentiary, a crime denounced by KRS 432.390. Their punishment was fixed at three years' imprisonment. They appeal. We affirm.

While incarcerated Roy and Ault had been assigned as "nurses" in the prison hospital. Their defense for escaping was "coercion and necessity," sometimes called "duress." They testified that as prison "nurses" they had access...

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