MALLARD, Chief Judge.
The evidence for the State tended to show that the defendant, at the time of the alleged escape, was in the custody of the Department of Correction. He was serving a sentence of 25 to 40 years for the felony of "safecracking" under a commitment dated 16 July 1969. On 11 September 1970 the defendant escaped from an officer of the Department of Correction
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