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9 Ohio St. 2d 29

Crist v. Maxwell

Ohio Supreme Court

Decided December 28, 1966

Ohio Supreme Court · decided 1966-12-28

Cited by 3 later decisions — most recently October 1990

3 state decisions

Key passage — most relied on by later courts

“*** n0 person shall escape, attempt to escape or aid, assist or induce others to escape from any confinement or restraint imposed as a result of a criminal, contempt, or probate proceeding. *** "Whoever violates this section shall be imprisoned in jail or a workhouse not more than six months or in the penitentiary not less than one nor more than five years. Such additional imprisonment shall be served at the conclusion of any existing confinement of such violator.”

quoted by 1 later decision, including State v. William

Good law ✅— No negative treatment on recordhow we know

Decided 1966-12-28

View the full empirical analysis of this case →

Per Curiam.

¶1The basic contention of petitioner is that under the provisions of Section 2901.11, Revised Code, a sentence for escape must be served at the end of any existing confinement, and that by incarcerating him on bis escape sentence the state terminated bis 1956 sentence.

¶2*30That part of Section 2901.11, Revised Code, upon which petitioner relies, reads as follows:

Sneh additional imprisonment shall be served at the conclusion of any existing confinement of such violator.”

¶3That statute relates to existing confinement. Confinement connotes detention in a penal institution. Although one on parole is in technical legal custody he is at large and not confined.

¶4Confinement as used in that section relates to those situations wherein a prisoner is actually serving his sentence in a penal institution at the time of the escape. It does not apply to those situations where one on parole has been taken into custody for another offense and escapes from such custody.

¶5Petitioner remanded to custody.

Taft, C. J., ZimmermaN, Matthias, O’Neill, Herbert, SchNeider and BrowN, JJ., concur.
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