95 Kan. 310 | Kan. | 1915
The opinion of the court was delivered by
The defendant seeks to appeal from a sentence entered upon his plea of guilty to an information which charged that he “did unlawfully and feloniously break away and escape from one Elmer Pitser, and said Elmer Pitser being then and there a deputy sheriff in said state, and being lawfully in charge of said C. S. W. Miller, he the said C. S. W. Miller being then and there lawfully committed to the county jail of Neosho county, Kansas, on a commitment issued by Justice of the Peace F. M. Groome, of Chanute, in said county and state, said commitment being theretofore issued on a judgment rendered and sentence imposed upon a plea of guilty entered in said court by said C. S. W. Miller to a charge of obtaining money under false pretenses, and said C. S. W. Miller while being committed lawfully to jail on said commitment did unlawfully break away and escape from said Elmer Pitser . . .” It is asserted that the information failed to state an offense; that it was not properly signed; that the sentence was void because no minimum period of imprisonment was designated.
Section 182 of the crimes act (Gen. Stat. 1909, § '2674) makes it a crime for any person confined in any county jail upon conviction for any criminal offense, or held in custody going to such jail, to break such prison or custody and escape therefrom. It is argued
It is complained that the information was signed by the county attorney without the addition of his official title and was verified by him positively. The latter was entirely proper and the former immaterial.
This being true and no error appearing in respect to the information the judgment is affirmed.