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LEMON v. STATE

No. 1767.

522 P.2d 160 (1974)

Oliver Floyd LEMON, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

May 10, 1974.

Attorney(s) appearing for the Case

Herbert D. Soll, Public Defender, Susan Burke, Asst. Public Defender, Anchorage, for appellant.

John E. Havelock, Atty. Gen., Juneau, Monroe N. Clayton, Dist. Atty., James M. Hackett, Asst. Dist. Atty., Fairbanks, for appellee.

Before RABINOWITZ, C.J., ERWIN, BOOCHEVER, and FITZGERALD, JJ., and DIMOND, J. Pro Tem.

OPINION

DIMOND, Justice Pro Tem.

The appellant, Lemon, escaped from jail and was captured two days later without incident. He was tried by the court without a jury for the crime of escape,1 found guilty, and sentenced to two-years imprisonment. On appeal he makes two points: (1) that the state failed to prove that at the time of the escape he had been confined in jail "by direction of and under process issued by the Superior...

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