TEIGEN, Judge.
The defendant Brodell has appealed from two final judgments of conviction entered on the same date, one for escape from prison and the other for assault and battery.
Brodell, while serving a term in the North Dakota State Penitentiary for escape from prison, made a second escape on June 24, 1973. In the process of effecting the escape he committed an assault upon one of the penitentiary guards. He was recaptured four days later and returned...
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