State v. Farr

306 N.W.2d 854, 209 Neb. 163, 1981 Neb. LEXIS 888
CourtNebraska Supreme Court
DecidedJune 12, 1981
Docket43667
StatusPublished
Cited by8 cases

This text of 306 N.W.2d 854 (State v. Farr) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Farr, 306 N.W.2d 854, 209 Neb. 163, 1981 Neb. LEXIS 888 (Neb. 1981).

Opinion

Krivosha, C.J.

The appellant, Elizabeth Victoria Farr (Farr), was convicted of violating Neb. Rev. Stat. § 28-912 (Reissue 1979) by unlawfully removing herself from official detention following conviction for the commission of an offense, and was ordered by the trial court to be incarcerated in an institution under the jurisdiction of the Department of Correctional Services for a period of 1 year. It is from this judgment and order Farr now ap *164 peals to this court. We affirm.

On December 27,1978, Farr was sentenced to 1 year’s probation for a misdemeanor offense of destruction of property. On May 8, 1979, an affidavit to revoke her probation was filed. On May 25, 1979, Farr pled nolo contendere to the motion to revoke her probation and she was sentenced to a term of 6 months in the county jail. She began to serve her sentence on June 3, 1979.

The record further discloses that Farr and a member of the Lincoln Police Department (detective) knew each other and that from time to time Farr had given police officers, including this detective, information regarding various criminal matters. Shortly after July 1, 1979, and while Farr was serving her 6-month sentence in the city jail, the detective saw her in the hallway of the jail and asked her if she had any idea about a series of robberies that had been going on at several Safeway stores in Lincoln and at several Arby’s restaurants in Lincoln during the month of June 1979 involving a white female suspect. Farr told the detective she might possibly be able to help and he told her he would talk to her about it later.

A few days later the detective returned to the jail where he visited with Farr about the robberies. Farr was shown a composite drawing of the suspect in the robbery cases. She thought the drawing was familiar but could not, at that time, remember the individual’s name.

When the detective and Farr met again in the hallway of the jail several days later, she told him she thought she had a piece of paper at her mother's house that had the name of the suspect in the robbery written upon it. The detective arranged to take Farr to her mother’s house to look for the paper with the name written upon it. She was then taken by the detective to her mother’s home where they looked for the paper. After a short time, Farr reported to the detective that she was unable to locate the piece of paper but thought she knew some people who lived at an apartment house in Lincoln who might be able to help her. When they arrived at the *165 apartment they apparently found that the people that the appellant was looking for had moved, and Farr was returned to the jail.

The detective next spoke to Farr a few days later when she called regarding the physical condition of her boyfriend who had been arrested. She advised the detective that if she were able to speak to her boyfriend she was certain that she could find out the name of the individual involved in the armed robberies. As a result of that offer, a meeting was arranged between herself and her boyfriend, and Farr was brought to police headquarters where she met with her boyfriend. Further conversation followed concerning the possible robbers of the Safeway stores and Arby’s restaurants, but Farr was still unable to provide the detective with the name and she was returned to jail.

On July 10, 1979, Farr again contacted the detective and advised him that she had been unable to get in contact with her boyfriend who, she said, knew the name of the robber, but claimed that if they went to her mother’s home again she could look for her boyfriend along the way or that he might be at her mother’s house. She also advised the detective that she could look again for the piece of paper that had the robbery suspect’s name written on it. She further advised the detective that her mother, who was watching her children while she was in jail, was ill and she would like to check on the welfare of her children who were staying with her mother. The detective testified that Farr actually begged him to take her so that she could check on the welfare of her children and that she guaranteed that if she was allowed to do that she would provide the name of the robbery suspect.

As a result of that offer, the detective checked Farr out of jail and took her to her mother’s house in a police cruiser. Farr and the detective both entered the mother’s house. When Farr went into a bedroom the detective stepped outside of the living room onto the front porch and lit a cigarette. He waited on the porch for about 1 or 1 y2 minutes. When he did not hear or see *166 anyone inside the house, he went into the house and called Farr by name. He then walked through the house and could not find her. Farr’s mother appeared and told him- that Farr had taken off running. The detective attempted to locate Farr in the area but was unsuccessful. She was apprehended and returned to jail some 36 or 37 days later.

Farr’s principal argument is that when the police detective removed her from jail and took her to her mother’s home it was solely for personal reasons and not official reasons. She therefore maintains that while she was with the detective she was not in legal custody and therefore could not violate § 28-912(1). We believe that the argument is neither persuasive nor correct.

The pertinent portions of the statute involved in this action provide as follows: “(1) A person commits escape if he unlawfully removes himself from official detention . . . . Official detention shall mean . . . detention in . . . any facility for custody of persons under . . . conviction of crime ... or any other detention for law enforcement purposes ....

“(3) Irregularity in bringing about or maintaining detention ... shall not be a defense to prosecution under this section if the escape is from . .. detention pursuant to commitment by official proceedings.”

In examining the statute, we must keep certain rules of construction in mind. To begin with: “A sensible construction will be placed upon a statute to effectuate the object of the legislation rather than a literal meaning that would have the effect of defeating the legislative intent.” State v. Nance, 197 Neb. 257, 260, 248 N.W.2d 339, 341 (1976). “ ‘The legislative intent, when apparent from the whole statute, is not to be thwarted by strained and-unusual interpretations of particular words not required under the circumstances ....’” Tom & Jerry, Inc. v. Nebraska Liquor Control Commission, 183 Neb. 410, 419, 160 N.W.2d 232, 239 (1968). “It is a fundamental rule of statutory construction that, if possible, a court will try to avoid a construction which leads to *167 absurd, unjust, or unconscionable results.” State v. Saltzman, 194 Neb. 525, 531, 233 N.W.2d 914, 918 (1975).

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Cite This Page — Counsel Stack

Bluebook (online)
306 N.W.2d 854, 209 Neb. 163, 1981 Neb. LEXIS 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farr-neb-1981.