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STATE v. LEBO

No. 66-70.

282 A.2d 804 (1971)

STATE of Vermont v. Charles LEBO.

Supreme Court of Vermont, Windsor.

October 5, 1971.

Attorney(s) appearing for the Case

Frank G. Mahady, State's Atty., and Paul F. Hudson, Deputy State's Atty., for the State.

Laurence F. Gardner, Hanover, for defendant.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

HOLDEN, Chief Justice.

Double jeopardy is the principal claim of this appeal. The defendant was tried and convicted on an information which alleges he escaped from the Vermont State Prison at Windsor while in lawful custody in violation of 13 V.S.A. § 1501.

The escape was made while the defendant was serving a sentence imposed by the district court at Rutland in 1968. On September 10, 1969, the prisoner was transferred from the prison proper to the farm...

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