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STATE EX REL. MILLER v. HENDERSON

Nos. 56598, 57099.

329 So.2d 707 (1976)

STATE of Louisiana ex rel. Robert J. MILLER, Relator, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Respondent. STATE of Louisiana, Appellee, v. Robert J. MILLER, Appellant.

Supreme Court of Louisiana.

March 29, 1976.

Attorney(s) appearing for the Case

Wilson R. Ramshur, Willis & Ramshur, St. Francisville, for plaintiff-relator in No. 56598 and for defendant-appellant in No. 57099.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leon A. Picou, Jr., Dist. Atty., Cynthia Picou Branton, Asst. Dist. Atty., for plaintiff-appellee in No. 57099 and for defendant-respondent in No. 56598.

TATE, Justice.

The defendant, an inmate at the state penitentiary, was charged with simple escape as defined by La.R.S. 14:110.2 (as enacted by Act 174 of 1969), which penalizes the intentional departure of a person while imprisoned at the penitentiary from the custody of any officer or employee of the institution. The jury returned a verdict of "Guilty of Attempted Escape." Accordingly, as authorized by the attempt statute, La.R.S. 14:27, subd. D(3), the district...

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