WARNER v. STATE

No. PD-1644-06.

257 S.W.3d 243 (2008)

Grady Lewis WARNER, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

July 2, 2008.


Attorney(s) appearing for the Case

Stephen Gustitis, Bryan, TX, for Appellant.

Jeffrey L. Van Horn, State Prosecuting Atty., Austin, for State.


WOMACK, J., delivered the opinion of the Court, in which MEYERS, PRICE, JOHNSON, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

The issue in this case is the meaning of "custody" in the statute that defines the offense of escape; specifically, whether a person "escapes from custody" within the meaning of Section 38.06(a) of the Penal Code if, after an officer has grasped his arms and told him he is under arrest, he pulls free and runs away.

On such facts...

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