DAVIS

v.

ELLIS ET AL.

Citator

Cited By

• Mills v. Hunter, 204 F.2d 468 (10th Cir. 1953)
  …was sentenced to imprisonment for a term of five years, with provision that the sentence “is not to run concurrently with any sentence now being served by said defendant.” The judgment was affirmed, 5 Cir., 193 F. 2d 174, and certiorari was denied, 343 U.S. 969, 72 S.Ct. 1067, 96 L.Ed. 1365. On August 6, 1952, the trial court entered [*470] an order reducing the sentence to two years • in prison. Otherwise, the sentence remained unchanged. Petitioner challenges the validity of the provision contained in t…
• United States v. Bailey, 585 F.2d 1087 (D.C. Cir. 1978)
  …e-gas v. People, 159 Colo. 379, 411 P. 2d 956 (1966); People v. Dolatowski, 94 Ill.App.2d 434, 237 N.E. 2d 553 (1968); Chandler v. United States, 378 F. 2d 906 (9th Cir. 1967); and Mills v. United States, 193 F. 2d 174 (5th Cir. 1951), cert. denied, 343 U.S. 969, 72 S.Ct. 1067, 96 L.Ed. 1365 (1952). In point of fact, none of these cases hold, or even suggest, that a specific intent not to return to prison is part of the intent element of escape. I have found no court, state or federal, that holds that a spe…
• United States v. NIX, 501 F.2d 516 (7th Cir. 1974)
  …idence that he was so drunk • he could not form the state of mind required. For other intoxication cases in agreement, see Chandler v. United States, 378 F. 2d 906 (9th Cir. 1967); Mills v. United States, 193 F. 2d 174 (5th Cir. 1951), cert. denied, 343 U.S. 969, 72 S.Ct. 1067, 96 L.Ed. 1365 (1952); 8 People v. Dolatowski, 94 Ill.App.2d 434, 237 N.E. 2d 553 (1968). Only a voluntary departure from custody is an escape. Although defendants in the following cases failed to prove their departures were coerced…

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