STATE v. STEWART

No. 736SC510.

198 S.E.2d 30 (1973)

19 N.C. App. 112

STATE of North Carolina v. Wilson L. STEWART.

Court of Appeals of North Carolina.

July 25, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Atty. Emerson D. Wall, Raleigh, for the State.

Hux & Livermon by James S. Livermon, Jr., Enfield, for defendant appellant.


HEDRICK, Judge.

Defendant contends "no evidence was presented by the State which showed that he willfully and unlawfully escaped from confinement in the North Carolina Department of Corrections" and therefore the trial court erred in denying his timely motions for judgment as of nonsuit.

The willful failure of a prisoner to remain within the extended limits of his confinement constitutes escape. G.S. § 148-4. G.S. § 148-45 in pertinent part provides...

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