MALLARD, Chief Judge.
In order to sustain a conviction of this defendant for the offense of escape charged in the bill of indictment, the State must prove, among other things, from the evidence and beyond a reasonable doubt that at the time of the escape the defendant was in the lawful custody of the State Department of Correction (G.S. § 148-6) and was serving a sentence imposed upon a plea of guilty, a plea of nolo contendere, or a conviction for a felony...
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