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STATE v. HARPER

No. 505.

141 S.E.2d 475 (1965)

264 N.C. 354

STATE v. William Roger HARPER.

Supreme Court of North Carolina.

April 28, 1965.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and James F. Bullock, Asst. Atty. Gen., for the State.

Lester V. Chalmers, Jr., Raleigh, for defendant.

PER CURIAM.

This appeal presents only the question whether the warrant charged defendant with the crime of escape as defined in G.S. § 148-45, the pertinent portions of which statute are as follows:

"(a) Any prisoner serving a sentence imposed upon conviction of a misdemeanor who escapes or attempts to escape from the State prison system shall for the first such offense be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment...

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