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STATE v. FOSTER

No. 7026SC176.

173 S.E.2d 577 (1970)

8 N.C. App. 67

STATE of North Carolina v. Wallace E. FOSTER.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. Jacob L. Safron, Raleigh, for the State.

Hamel & Cannon, by William F. Hamel, Charlotte, for defendant-appellant.

MORRIS, Judge.

Defendant was charged under G.S. § 148-45(b) which provides that any prisoner on the work release program "who shall fail to return to the custody of the North Carolina Department of Correction, shall be guilty of the crime of escape and subject to the provisions of subsection (a) of this section and shall be deemed an escapee." The statute further provides: "For the purpose of this subsection, escape...

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