Kentucky Revised Statutes
Ky. Rev. Stat. § 432.390 (2026)
Repealed, effective January 1, 1975
✓ laws through the 2026 session (checked Sept. 2026)
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Catchline at repeal: Escape of convict from penitentiary or custody -- Attempt -- Within penitentiary or aiding another -- Jurisdiction of courts. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1962 Ky. Acts ch. 49, sec. 2. -- Amended 1952 Ky. Acts ch. 97, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1232, 1233, 1234.
Notes of Decisions
Cited in 11
cases, 1956–1977 · leading case: Clark v. Commonwealth, 293 S.W.2d 465 (Ky. Ct. App. 1956).
Clark v. Commonwealth, 293 S.W.2d 465 (Ky. Ct. App. 1956). “During that month he was indicted in the Oldham Circuit Court for the crime of escaping from the penitentiary while serving sentence, as denounced by KRS 432.390. Upon trial on November 2, 1955, he was convicted on the charge and his punishment fixed at three' additional years’…”
Cutter v. Buchanan, 286 S.W.2d 902 (Ky. Ct. App. 1956). “KRS 432.390 reads: “(1) Any person convicted of a crime who, while serving a sentence of imprisonment in the penitentiary, escapes from the penitentiary or wherever he may be confined, or flees from whatever bounds he may be assigned, whether under guard or as a trusty, shall be…”
Yager v. Commonwealth, 407 S.W.2d 413 (Ky. Ct. App. 1966). “James Yager appeals from a judgment of the McCracken Circuit Court entered upon a verdict finding him guilty of escape from custody (as denounced by KRS 432.390(1)) and sentencing him to five years’ confinement in the penitentiary.”
Fite v. Commonwealth, 469 S.W.2d 357 (Ky. Ct. App. 1971). “Louis, Missouri, and on September, the fifth, was returned to Kentucky where he was indicted for escaping from confinement in violation of KRS 432.390. At his trial before a jury he was convicted on a plea of not guilty and was sentenced to five additional years in the…”
Roy v. Commonwealth, 500 S.W.2d 921 (Ky. Ct. App. 1973). “Roy and Donald Eugene Ault were found guilty of escaping from a state penitentiary, a crime denounced by KRS 432.390. Their punishment was fixed at three years’ imprisonment.”
Yager v. Commonwealth, 436 S.W.2d 527 (Ky. Ct. App. 1968). “42 to vacate a sentence of five years for violation of KRS 432.390, escape from a penitentiary. His appeal from the sentence was affirmed, with petition for rehearing denied.”
Brainard v. Commonwealth, 551 S.W.2d 829 (Ky. Ct. App. 1977). “On February 11, 1976, he was indicted for this by the Oldham Circuit Court grand jury and charged with violating KRS 432.390. On February 24, 1976, he was found guilty by a jury and given a sentence of three years.”
Jones v. Commonwealth, 317 S.W.2d 491 (Ky. Ct. App. 1958). “Defendant was convicted of escaping from the State Reformatory in violation of KRS 432.390 and sentenced to six years’ imprisonment, to be served after the termination of his confinement under a life sentence for wilful murder.”
Tippit v. Thomas, 355 S.W.2d 149 (Ky. Ct. App. 1962). “Upon his conviction pursuant to KRS 432.390 he received an additional sentence of three years in the penitentiary to run consecutively with his former sentence.”
Stevenson v. Commonwealth, 442 S.W.2d 597 (Ky. Ct. App. 1969). “Appellant, Robert Gerald Stevenson, was convicted under KRS 432.390(2) of escaping from a locked cell to another part of the penitentiary.”
Miller v. Commonwealth, 511 S.W.2d 198 (Ky. Ct. App. 1974). “David Miller was indicted by an Oldham County Grand Jury on two separate offenses of escaping from the Kentucky *199 State Reformatory in violation of KRS 432.390. When the cases came on for trial in the Oldham Circuit Court, Miller, with advice of counsel, voluntarily entered…”
Ky. Rev. Stat. § 432.390(1): 3 cases
Yager v. Commonwealth, 407 S.W.2d 413 (Ky. Ct. App. 1966). “James Yager appeals from a judgment of the McCracken Circuit Court entered upon a verdict finding him guilty of escape from custody (as denounced by KRS 432.390(1)) and sentencing him to five years’ confinement in the penitentiary.”
Clark v. Commonwealth, 293 S.W.2d 465 (Ky. Ct. App. 1956). “During that month he was indicted in the Oldham Circuit Court for the crime of escaping from the penitentiary while serving sentence, as denounced by KRS 432.390. Upon trial on November 2, 1955, he was convicted on the charge and his punishment fixed at three' additional years’…”
Jones v. Commonwealth, 317 S.W.2d 491 (Ky. Ct. App. 1958). “Defendant was convicted of escaping from the State Reformatory in violation of KRS 432.390 and sentenced to six years’ imprisonment, to be served after the termination of his confinement under a life sentence for wilful murder.”
Ky. Rev. Stat. § 432.390(2): 1 case
Stevenson v. Commonwealth, 442 S.W.2d 597 (Ky. Ct. App. 1969). “Appellant, Robert Gerald Stevenson, was convicted under KRS 432.390(2) of escaping from a locked cell to another part of the penitentiary.”
Ky. Rev. Stat. § 432.390(3): 2 cases
Cutter v. Buchanan, 286 S.W.2d 902 (Ky. Ct. App. 1956). “KRS 432.390 reads: “(1) Any person convicted of a crime who, while serving a sentence of imprisonment in the penitentiary, escapes from the penitentiary or wherever he may be confined, or flees from whatever bounds he may be assigned, whether under guard or as a trusty, shall be…”
Clark v. Commonwealth, 293 S.W.2d 465 (Ky. Ct. App. 1956). “During that month he was indicted in the Oldham Circuit Court for the crime of escaping from the penitentiary while serving sentence, as denounced by KRS 432.390. Upon trial on November 2, 1955, he was convicted on the charge and his punishment fixed at three' additional years’…”
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