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UNITED STATES v. NIX

No. 73-1449.

501 F.2d 516 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Charles NIX, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1974.

Attorney(s) appearing for the Case

Leslie G. Foschio and John A. Lancaster, Senior Law Student, Notre Dame, Ind., for defendant-appellant.

Henry A. Schwarz, U. S. Atty., Jack Strellis, Asst. U. S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before CUMMINGS, PELL and SPRECHER, Circuit Judges.

SPRECHER, Circuit Judge.

This appeal concerns the effect of a defendant's intoxication on a prosecution for escape or attempted escape.

Defendant Nix was confined in the United States Penitentiary at Marion, Illinois. On May 9, 1972, Nix was excused from working because of illness and was "deadlocked" in his cell during the day. On the following day, he again asked to be locked in his cell so other inmates would not disturb him. The guard conducting the count...

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