STATE v. REVIS

No. 581.

147 S.E.2d 892 (1966)

267 N.C. 255

STATE v. Steve REVIS.

Supreme Court of North Carolina.

May 4, 1966.


Attorney(s) appearing for the Case

S. H. McCall, Jr., Troy, Attorney, for appellant.

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


PER CURIAM.

An examination of the bill of indictment discloses that it does not properly charge a felonious escape because it nowhere refers to "previous conviction of escape from the State Prison System" which is one of the elements necessary under G.S. § 148-45. However, it will support a charge of an escape, a misdemeanor. The Attorney General is well advised in conceding as much. The cause will be remanded to the...

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