No. CR76-144.

545 S.W.2d 72 (1977)

Roger Dale PENNINGTON, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas, Division 1.

January 10, 1977.

Attorney(s) appearing for the Case

Harold L. Hall, Public Defender by John W. Achor, Chief Deputy Public Defender, Little Rock, for appellant.

Jim Guy Tucker, Atty. Gen. by Gary Isbell, Asst. Atty. Gen., Little Rock, for appellee.

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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