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STATE v. KIMBALL

No. 217.

135 S.E.2d 568 (1964)

261 N.C. 582

STATE v. William D. KIMBALL.

Supreme Court of North Carolina.

April 8, 1964.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Richard T. Sanders, Asst. Atty. Gen., for the State.

Howard B. Arbuckle, Jr., Charlotte, for defendant appellant.

SHARP, Justice.

G.S. § 148-45(a) makes it unlawful for any prisoner serving a sentence in the State prison system to escape or attempt to escape, and provides varying penalties for misdemeanants and felons. By Chapter 681 of the Session Laws of 1963, the legislature added subsection (b) as follows:

"(b) Any defendant convicted and in the custody of the North Carolina Prison Department and ordered or otherwise...

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