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STATE v. KING

Nos. 10360, 10361.

149 N.W.2d 509 (1967)

STATE of South Dakota, Plaintiff and Respondent, v. Willard F. KING, and Larry Lane Lovell, Defendants and Appellants.

Supreme Court of South Dakota.

March 27, 1967.

Attorney(s) appearing for the Case

Robert L. Jones, Sioux Falls, for defendants and appellants.

Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Roger Schiager, State's Atty., Sioux Falls, for plaintiff and respondent.

ROBERTS, Judge.

Appellants, Willard King and Larry Lovell, were tried together upon separate informations charging them with escape. At issue is the validity of the provisions of SDC 1960 Supp. 13.1226 providing:

"Every prisoner confined in the State Penitentiary for a term of less than life, or held as a prisoner there under any means of lawful custody whether sentenced or not, who escapes or attempts to escape...

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