State v. TarvinState v. Tarvin
- Reporters:
- , ,
- Before:
- Fatzer
The opinion of the court was delivered by
Fatzer, J.:The sole question presented is whether the appellant was in lawful custody on June 26, 1967, at the time he actually departed from the Pomona Reservoir Honor Camp, located within Osage County, and thereby unlawfully gained his liberty contrary to the provisions of
On April 14, 1966, the appellant entered his plea of guilty in the district court of Marshall County, to the crime of attempt to commit burglary in the second degree in violation of
Later, and on December 12, 1966, while the appellant was serving the sentence imposed on April 14, 1966, he was transferred by order of the Director of Penal Institutions pursuant to
*414In State v. Carreiro, 203 Kan. 875, 457 P. 2d 123, it was decided that a prisoner committed to the State Penitentiary under a sentence confining him at hard labor for a term less than life, and who is transferred by order of the Director of Penal Institutions pursuant to
We adhere to the decision of State v. Carreiro, supra, and the judgment of the district court is affirmed.