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RUSHING v. STATE

No. 45980.

240 So.2d 618 (1970)

Joseph RUSHING v. STATE of Mississippi.

Supreme Court of Mississippi.

November 2, 1970.

Attorney(s) appearing for the Case

Clark, Davis & Belk, Indianola, for appellant.

A.F. Summer, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.

SMITH, Justice:

Joseph Rushing, a convict lawfully confined in the State Penitentiary, was indicted for breaking prison and escaping. This appeal is from his conviction of that offense.

The factual situation in Rushing's case is in all material respects similar to that set out in the opinion in Brown v. State of Mississippi, 240 So.2d 615, decided by this Court November 2, 1970...

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