Johnsey v. State

• Decision Date: 21 March 1945
• Docket Number: A-10397.
• Citation: 157 P.2d 221,80 Okla.Crim. 84
• Parties: JOHNSEY v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

157 P.2d 221

80 Okla.Crim. 84

JOHNSEY v. STATE.

No. A-10397.

Court of Criminal Appeals of Oklahoma

March 21, 1945

Appeal from District Court, Pittsburg County; R.W. Higgins, Judge.

Joseph Johnsey was convicted of the crime of escaping from a State prison, and he appeals.

Affirmed.

Syllabus by the Court.

The syllabus in the case of Perry v. State of Oklahoma, 1945, Okl.Cr., 157 P.2d 217, is adopted as the syllabus in this case.

1. 21 O.S.1941 § 443 provides for punishment for one who escapes from prison, either "while confined therein, or while permitted to be at large as a trusty." For history of this statute see opinion.

2. An escape has been broadly defined as the voluntary departure of a person with or without force from the lawful custody of an officer or from any place where he is lawfully confined, or as it is more tersely stated, the unlawful departure of a prisoner from the limits of his custody or the act of a prisoner in regaining his liberty before release in due course of law.

3. One who was an inmate of the State Penitentiary but who was "permitted to be at large as a trusty," and escapes, may be charged and punished under 21 O.S.1941 § 443.

4. An information charging one with escape which follows substantially the language of the statute and states the offense clearly and distinctly in ordinary and concise language without repetition, and in such manner as to enable a person of common understanding to know what is intended will not, on demurrer, be held insufficient to charge an offense.

5. While courts will not refuse to pass on the constitutionality of statutes in any proceeding in which such a determination is necessarily involved, needless consideration of attacks on their validity and unnecessary decisions striking down statutes will be avoided. Courts will not assume to pass upon constitutional questions unless properly before them.

H.I Aston, of McAlester, for plaintiff in error.

Randell S. Cobb, Atty.Gen., Jess L. Pullen, Asst. Atty. Gen., and Paul Gotcher, Co. Atty., of McAlester, for defendant in error.

BAREFOOT Presiding Judge.

Defendant Joseph Johnsey, was charged in the District Court of Pittsburg County with the crime of "escaping from a State Prison;" was tried, convicted and sentenced to serve a term of two years in the State Penitentiary, and has appealed.

Defendant was charged by information with the crime of "escaping from a State Prison,"...