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STATE v. WORLEY

20123

265 S.C. 551 (1975)

220 S.E.2d 242

The STATE, Respondent, v. James W. WORLEY, Appellant.

Supreme Court of South Carolina.

December 4, 1975.

Attorney(s) appearing for the Case

Messrs. P. Lewis Pitts, Jr., and W. Gaston Fairey, of Columbia, for Appellant.

Messrs. Danel R. McLeod, Atty. Gen., Joseph R. Barker, Asst. Atty. Gen., and James C. Anders, Sol., of Columbia, for Respondent.

December 4, 1975.

NESS, Justice:

This appeal involves the question of when a defendant who contends he escaped from lawful confinement due to inadequate medical treatment is entitled to have the affirmative defense of necessity submitted to the jury. In the instant case the trial judge refused to charge the defense of necessity.* We affirm.

James Worley voluntarily left Richland...

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