information supplied by a previously reliable information. Marijuana was found in the room. Defendant was handcuffed inside his residence and turned over to a deputy sheriff for transportation to the county jail. Defendant was transported to the alley west of the courthouse. While the deputy sheriff was getting out of the car, the defendant got out on the opposite side and took off running. He made good his escape and was not apprehended until sometime later.
Defendant was charged with escape from legal custody and possession of marijuana with intent to deliver. On a suppression hearing the court entered an order suppressing all physical and oral evidence obtained as a result of the search made pursuant to the warrant. Defendant was tried to the jury on the offense ofdeparture from a place of confinement which is the essential element of the offense.
Reeves contends if we hold the statute applies to preincarceration situations, then legal custody requires a lawful arrest. He argues the arrest was unlawful because the warrant was suppressed. Defendant had been taken into custody pursuant to a warrant which appeared lawful on its face. He was found in the possession of marijuana. He was handcuffed, placed in a patrol car, and transported to the courthouse for incarceration. This is sufficient to bring the charge within the terms of the statute. The crime of escape from legal custody is committed when the prisoner escapes from the custody of an arresting officer while being taken to the place of confinement.
The statute in question does not expressly