FOGLEMAN, Justice.
Appellant Roger Dale Pennington was convicted for violating Ark.Stat.Ann. § 41-3508 (Repl.1964) which proscribes escape from a penitentiary. He appeals alleging that the state failed to sufficiently prove that he was the same Roger Pennington who had been convicted of kidnapping and robbery and committed to the Department of Correction; or that his custody, at the State Hospital, was lawful.
To convict a person of the crime of escape...
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