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STATE v. WARREN

No. 6929SC67.

166 S.E.2d 858 (1969)

4 N.C. App. 441

STATE of North Carolina v. James R. WARREN.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Attorney L. Philip Covington, Raleigh, for the State.

McCown, Lavender & McFarland by William H. Miller, Tryon, for defendant appellant.

MALLARD, Chief Judge.

The pertinent parts of G.S. § 148-45 relating to the misdemeanor of escape read as follows:

"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 for not less than three months nor more than one year."

The State offered...

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