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STATE v. McEWEN

546 P.2d 1120 (1976)

STATE of Oregon, Respondent, v. William Edward McEwen, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Before SCHWAB, C.J., and FOLEY and LEE, JJ.

LEE, Judge.

Defendant appeals his conviction of escape in the second degree, ORS 162.155.1

Defendant was an inmate of the Oregon State Penitentiary assigned to the Portland Work Release Center. According to the stipulated facts, he failed to return from a work assignment and was apprehended four days later in British Columbia. There was evidence that the defendant was intoxicated on the day he failed to return to the Center. Defendant...

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