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STATE v. MARKS

No. 10025.

442 P.2d 778 (1968)

92 Idaho 368

STATE of Idaho, Plaintiff-Respondent, v. Melvin Charles MARKS, Defendant-Appellant.

Supreme Court of Idaho.

July 9, 1968.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett & Blanton, Boise, for appellant.

Allan G. Shepard, Atty. Gen., and Daniel A. Slavin, Asst. Atty. Gen., for respondent.

McFADDEN, Justice.

Appellant Melvin Charles Marks was convicted following a jury trial of the felony of escape.1 The facts involved on this appeal are basically undisputed. Marks was one of a number of inmates of the Idaho State Penitentiary who were on an outside work detail engaged in picking potatoes under the supervision of a prison official. Transportation to and from the work site was provided by a van-type truck. The official drove...

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