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JOHNSON v. STATE

No. 969S209.

282 N.E.2d 802 (1972)

Lester M. JOHNSON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

May 26, 1972.

Attorney(s) appearing for the Case

C. Kent Carter, Bloomington, for appellant.

Theodore L. Sendak, Atty. Gen., William F. Thompson, Asst. Atty. Gen., for appellee; M. Daniel Friedland, Indianapolis, of counsel.

PRENTICE, Justice.

Defendant (Appellant) was convicted of attempted escape under Acts of 1957, ch. 149, § 1, 1971 Supp. 1956 Repl.Burns' Ind. Stat. Ann. § 10-1816, IC 1971, § 35-21-7-1, quoted in pertinent parts as follows:

"Any person, lawfully confined in any penal institution, * * * who attempts to make an escape from such institution, * * * shall be guilty of attempted escape * * *." (Emphasis added)

He was fined $40.00...

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