UNITED STATES v. McPHERSON

No. 29994.

436 F.2d 1066 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. James W. McPHERSON, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 14, 1971.


Attorney(s) appearing for the Case

W. O. Beauchamp, Jr., Tallahassee, Fla. (Court-appointed), for defendant-appellant.

William Stafford, U. S. Atty., Stewart J. Carrouth, C. W. Eggart, Jr., Asst. U. S. Attys., Pensacola, Fla., for plaintiff-appellee.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.


PER CURIAM:

The appellant, while a prisoner serving a sentence at the Federal Correctional Institution at Tallahassee, Florida, was found at night in an unauthorized recreation area concealing himself under a weight-lifting bench. He was tried for attempted escape in violation of 18 U.S.C. § 751(a) and appeals from a conviction. We affirm.

The initial contention advanced by appellant is that the requisite overt act and intent to escape are not supported...

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