THOMAS GALLAGHER, JUSTICE.
Defendant, Charles Kenneth Rasmussen, appeals from a judgment and sentence to imprisonment in State Prison at Stillwater for a term of not more than 7 years imposed upon him by the District Court of Washington County for his conviction under Minn. St. 613.29, which provides:
"Every prisoner confined in a penal institution, or being in the lawful custody of an officer or other person, who shall escape from such institution or custody...
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