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STATE v. WHITLEY

No. 582.

142 S.E.2d 600 (1965)

264 N.C. 742

STATE of North Carolina v. Robert Clifton WHITLEY.

Supreme Court of North Carolina.

June 18, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Staff Atty. Theodore C. Brown, Jr., for the State.

Wallace Ashley, Jr., Smithfield, for petitioner.

DENNY, Chief Justice.

In our opinion, the petitioner raises only two questions that merit discussion and determination. (1) Did the lower court commit error in denying petitioner's plea of former jeopardy? (2) Does escape by a prisoner from the custody of a gang foreman employed by the North Carolina State Highway Commission while at work on the public roads, constitute "escape from the State prison system" within the meaning of G.S. § 148-45(a)?

The...

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